Cal Accessibility

Myth #3: Why Should I Comply When No One Else Does? Besides, I Can Fix Issues Once I Get Sued.

This is a flawed idea. It is illegal to violate civil rights laws. The “waiting to get sued” approach is a very costly strategy. If your business is sued for violations of the ADA, you are likely to incur substantial legal fees because if a claim is substantiated, you will be responsible for your own legal fees and costs, the plaintiff’s legal fees and costs, and any damages that are awarded. This is in addition to the costs of making the required improvements to correct violations. In many cases, lawsuit-related expenses and costs exceed the construction costs for achieving compliance with the law.

Additionally, if a person with a disability is injured because a business failed to meet its access obligations, the results can be catastrophic for all parties involved.

Prior to making a conscious decision to ignore your responsibility to provide access, you should check with your insurance company to determine if you are left more vulnerable if an injury on your property is caused by a civil rights violation. Many insurance policies do not cover ADA violations.