ADA Compliance & Accessibility Law
Protecting Businesses and Property Owners Against ADA Claims
The Americans with Disabilities Act (ADA) and California accessibility laws impose important obligations on businesses, commercial property owners, developers, employers, and operators of public accommodations. Failure to comply with these requirements can expose businesses to costly litigation, statutory damages, injunctive relief, and attorneys’ fees.
At Gibbs Giden, our attorneys help businesses and property owners navigate complex ADA compliance requirements, defend accessibility-related lawsuits, and develop practical strategies to minimize legal exposure. We understand the challenges businesses face in complying with evolving accessibility standards while managing operational costs and protecting their interests.
Our approach focuses on early case evaluation, risk management, cost-effective dispute resolution, and vigorous litigation defense when necessary.
How We Can Help You
ADA Litigation Defense
Businesses throughout California face lawsuits alleging violations of federal and state disability access laws. These claims frequently involve alleged architectural barriers, inaccessible parking facilities, entrances, restrooms, pathways, and other features of commercial properties.
Our attorneys assist clients with defending claims brought under the ADA, California’s Unruh Civil Rights Act, and other applicable accessibility laws.
We help clients evaluate alleged violations, assess potential liability, coordinate with accessibility consultants, negotiate settlements, and defend claims through litigation when appropriate.
ADA Compliance and Risk Management
Proactive compliance can help businesses avoid expensive litigation and reduce the likelihood of future accessibility claims.
Gibbs Giden advises commercial property owners, landlords, tenants, developers, and businesses regarding accessibility obligations under federal and California law. We work with clients and qualified accessibility professionals to identify potential compliance concerns and develop practical strategies for addressing them.
Our services may include reviewing accessibility-related contractual obligations, evaluating landlord-tenant responsibility for improvements, and advising on remediation and risk management strategies.
Website and Digital Accessibility
ADA accessibility disputes increasingly involve websites, mobile applications, and other digital platforms used by businesses to communicate with customers and provide goods and services.
Gibbs Giden assists businesses in evaluating legal exposure associated with digital accessibility claims, including allegations that websites and online services are inaccessible to individuals with disabilities.
We advise clients regarding applicable accessibility requirements, litigation risks, and strategies for responding to demand letters and lawsuits. We also work with appropriate technical professionals to help clients address accessibility concerns, including issues involving the Web Content Accessibility Guidelines (WCAG).
Commercial Real Estate and Construction Accessibility
ADA compliance is particularly important in commercial real estate transactions, construction projects, renovations, and property management.
Our attorneys assist property owners, developers, contractors, landlords, and tenants in addressing accessibility-related disputes and contractual responsibilities. These matters may involve alleged construction deficiencies, design issues, tenant improvements, allocation of remediation costs, and compliance with applicable building codes and accessibility standards.
Gibbs Giden’s construction and real estate law experience provides a valuable perspective when accessibility claims intersect with construction contracts, property ownership, and commercial leasing obligations.
What the Process Looks Like
- Initial Case Evaluation
We review the accessibility complaint, demand letter, or compliance concern to identify the applicable legal requirements, potential exposure, and available defenses.
- Investigation and Compliance Assessment
When appropriate, we coordinate with qualified accessibility specialists, architects, contractors, or technical consultants to evaluate alleged violations and determine whether corrective measures are warranted.
- Strategic Resolution
We develop a strategy based on the client’s business objectives, potential liability, and the costs associated with litigation or remediation. Where appropriate, we pursue early resolution through negotiation, mediation, or settlement.
- Litigation Defense
When disputes cannot be resolved efficiently, our attorneys represent clients in state and federal court, protecting their interests throughout the litigation process.
- Future Risk Reduction
We help clients identify recurring accessibility concerns, evaluate contractual responsibilities, and implement strategies designed to reduce the likelihood of additional claims.
Frequently Asked Questions About ADA Compliance and Litigation
What is the Americans with Disabilities Act (ADA)?
The ADA is a federal civil rights law that prohibits discrimination against individuals with disabilities in several areas, including employment, public accommodations, commercial facilities, and certain government services. Businesses may be required to provide accessible facilities, reasonable modifications to policies, and other accommodations depending on the circumstances.
Can a business be sued for ADA violations in California?
Yes. Businesses may face lawsuits under the federal ADA and California disability access laws, including the Unruh Civil Rights Act. Depending on the claims and applicable law, these lawsuits may seek injunctive relief, statutory damages, attorneys’ fees, and other available remedies.
What are the penalties for ADA violations in California?
Federal private lawsuits under Title III of the ADA generally provide for injunctive relief and potentially attorneys’ fees, rather than monetary damages to individual plaintiffs. California law, however, may permit statutory damages, including a general minimum of $4,000 per violation under the Unruh Civil Rights Act, subject to applicable legal requirements, exceptions, and reductions.
Are commercial landlords or tenants responsible for ADA compliance?
Both landlords and tenants may have responsibilities under the ADA. Lease agreements may allocate responsibility for accessibility improvements and related expenses between the parties, but contractual provisions do not necessarily eliminate liability to third parties under applicable law.
Can a business be sued because its website is not ADA compliant?
Yes. Businesses may face claims alleging that inaccessible websites or mobile applications deny individuals with disabilities equal access to goods and services. Whether the ADA applies to a particular website or digital service can depend on the business, the facts, and governing law. Courts have taken differing approaches to certain digital accessibility issues.
What should I do if my business receives an ADA demand letter or lawsuit?
Businesses should promptly preserve relevant documents, review the allegations, and consult legal counsel before responding. An attorney can assess the claims, identify potential defenses, evaluate whether remediation is appropriate, and determine whether early resolution or litigation is the most effective approach.
Can ADA lawsuits be settled without going to court?
Yes. Many ADA disputes can be resolved through negotiation, mediation, remediation agreements, or settlement. Early evaluation may help businesses reduce litigation expenses while addressing legitimate accessibility concerns.
Why Choose Gibbs Giden for ADA and Accessibility Matters?
ADA disputes often involve overlapping issues of federal law, California civil rights statutes, construction standards, commercial leasing, property management, and business operations.
Gibbs Giden brings a practical, business-oriented approach to complex legal matters. Our attorneys understand the importance of protecting clients from unnecessary litigation expenses while helping them address legal obligations and maintain successful business operations.
Whether you are responding to an ADA lawsuit, evaluating accessibility concerns at a commercial property, or seeking guidance regarding website accessibility, Gibbs Giden can help you assess your legal options and develop a strategy tailored to your circumstances.
Contact Gibbs Giden to discuss ADA compliance, accessibility litigation defense, or disability access-related legal concerns in California.
Where are Gibbs Giden’s offices?
Gibbs Giden has offices in Los Angeles, Westlake Village, Irvine, and San Jose, California. Contact us to discuss your business, the jurisdictions involved, and the legal assistance you need.
Talk With a Gibbs Giden Attorney
Whether you need help with an immediate issue or an ongoing legal relationship, Gibbs Giden can help you evaluate your options and determine your next steps.
Contact one of our California offices:
- Los Angeles: 310-552-3400
- Westlake Village: 805-261-1777
- Irvine / Orange County: 949-287-8044
- San Jose / Silicon Valley: 669-209-7977
Visit our website’s Contact Us page to connect with our team.