My New York Business Was Sued for an ADA Violation: What Should I Do Next?

You might open your mail, get an email from your registered agent, or receive legal papers at your business. As you read, you see something you likely did not expect:

Your business has been sued for allegedly violating the Americans with Disabilities Act.

Many New York business owners feel confused at first.

You might wonder: What did we do wrong? Is there really a problem with my property? Why wasn't I told about this before a lawsuit was filed? How much will this cost? Can I just fix it? Do I need an ADA defense attorney?

These are all reasonable questions.

At Bashian & Papantoniou, P.C., we help New York businesses facing ADA lawsuits and accessibility claims. One of the first things we tell business owners is not to panic, but also not to ignore the lawsuit.

Getting an ADA complaint does not mean every claim against your business is true. It means you need to find out what is being alleged, check what is actually at your property or on your website, and make a plan for how to respond.

Here's what New York business owners need to know.

First: Don't Ignore an ADA Lawsuit

You might feel tempted to set the complaint aside, especially if the alleged violation seems minor or you think the lawsuit is unfair.

Don't.

Once your business is served, you have deadlines to respond. If you do not respond, you could end up in default, which can make an already stressful situation much worse.

Instead, send the complaint to an attorney who has experience with ADA lawsuits as soon as you can.

You should also check if you need to report the claim to your insurance company, broker, landlord, property manager, website provider, or anyone else who might need to know. Who you notify depends on the details of the claim and your business setup.

The main thing is to address the lawsuit early instead of hoping it will go away.

Why Was My Business Sued Under the ADA?

Title III of the Americans with Disabilities Act applies to many businesses that are considered places of public accommodation.

ADA lawsuits against New York businesses can involve many different allegations.

A restaurant might be accused of having an inaccessible entrance or restroom.

A retail store might face allegations concerning a step, doorway, counter, aisle, signage, or other physical feature.

A hotel might face allegations involving accessible rooms or its reservation system.

A business could face a dispute relating to its policies concerning service animals.

An online retailer or other company may be sued because a plaintiff alleges its website cannot be properly used with screen-reader technology.

The first job of an ADA defense attorney is therefore not to assume the plaintiff is right or wrong. It is to determine exactly what the plaintiff claims happened and whether the facts support those allegations.

"Why Didn't They Just Ask Me to Fix It?"

This is one of the most common reactions business owners have.

A lawsuit may be the first time an owner learns that someone believes an accessibility problem exists.

This can be especially frustrating if the issue seems minor or like something you could have fixed without a lawsuit.

But once a lawsuit is filed, it's important to focus on what to do next.

Instead of reaching out to the plaintiff or agreeing to every demand right away, have someone review the allegations first.

Some accessibility issues may be real and need fixing. Other claims might be wrong, already resolved, or involve questions about which standards apply or what legal defenses you have.

The existence of a lawsuit does not establish the truth of every allegation contained in the complaint.

What Should I Do Immediately After Being Served?

If your New York business gets an ADA complaint, taking a few early steps can make a big difference.

1. Send the Lawsuit to Counsel

Don't wait until the deadline is near.

An attorney can look over the complaint, figure out what claims are being made, check the deadlines, and start working on possible defenses and ways to resolve the case.

2. Don't Alter or Destroy Evidence

Keep any documents, photos, videos, emails, website details, leases, construction records, surveillance footage, or other materials that might relate to the claims.

For example, if a plaintiff claims that he or she visited your business on a particular date, surveillance footage from that date may potentially be important.

If the lawsuit is about your website, details about how the website looked or worked at the time of the alleged visit can also be important.

3. Take the Allegations One by One

An ADA complaint may identify multiple alleged barriers.

Don't assume that just because one issue exists, every claim in the complaint is correct.

Look at each allegation on its own.

4. Consider an Expert Inspection

Physical accessibility cases often involve technical measurements and standards.

Depending on the circumstances, an ADA accessibility expert may inspect the premises to determine which alleged conditions actually exist, which standards apply, and what remediation may be appropriate.

This information can be very helpful when planning your defense.

Should I Immediately Fix Everything Listed in the Complaint?

Not right away. First, make sure you understand the allegations and talk them over with your attorney.

This does not mean businesses should ignore legitimate accessibility problems.

If an actual barrier exists, correcting it may make sense for several reasons. It can improve access for customers, address compliance concerns, reduce the possibility of future disputes, and potentially affect issues in the pending litigation.

But it's important to approach fixes thoughtfully.

For example, before spending significant money on construction, a business should understand:

• whether the alleged condition actually violates an applicable accessibility requirement;
• whether the proposed modification properly addresses the issue;
• whether the landlord or tenant is responsible for the work;
• whether there are alternative methods of addressing the alleged barrier; and
• how remediation may affect the pending lawsuit.

Spending money on the wrong modification can leave a business with both a construction bill and an unresolved lawsuit.

What If I Rent My Store or Restaurant?

We see this issue come up often.

A business owner may receive an ADA lawsuit and immediately respond:

"I don't own the building. My landlord does."

That detail can matter a lot, but it does not mean you can ignore the lawsuit if you are a tenant.

You should review your lease carefully.

Responsibility for entrances, parking areas, bathrooms, structural modifications, common areas, and other portions of the property may be allocated differently between a landlord and tenant.

Depending on the circumstances, counsel may also need to evaluate contractual indemnification, insurance obligations, notice requirements, or whether another party should participate in the defense.

If you lease your business premises, provide your attorney with a complete copy of the lease as early as possible.

Can an ADA Lawsuit Be Defended?

Yes. Like other civil lawsuits, ADA claims are subject to legal and factual requirements.

The right defense depends on the details of your case.

Among other issues, defense counsel may examine whether the plaintiff has adequately alleged standing to pursue the requested relief, whether the conditions described in the complaint actually exist, whether the defendant is responsible for the alleged condition, whether the applicable accessibility standard has been correctly identified, and whether subsequent remediation affects the claims.

In website accessibility cases, additional issues can arise concerning the relationship between the website and the business's goods or services, the plaintiff's alleged use of the website, and whether the allegations establish the requirements for prospective injunctive relief.

There isn't a one-size-fits-all ADA defense for every lawsuit.

That is precisely why a complaint should be analyzed based upon its actual allegations rather than treated as a routine bill that simply needs to be paid.

What About Repeat or "Tester" Plaintiffs?

Some New York businesses may run into plaintiffs who have filed several ADA accessibility lawsuits.

Some plaintiffs describe themselves as ADA "testers" who visit businesses or websites to assess accessibility.

Just because a plaintiff has filed other lawsuits does not by itself mean the current lawsuit is valid or not.

However, the plaintiff's allegations concerning the encounter with the business, intent to return, alleged injury, and entitlement to prospective relief may be important to the standing analysis.

These are legal questions that should be evaluated carefully under the law applicable to the particular case.

How Much Could an ADA Lawsuit Cost My Business?

Understandably, this is often one of the first questions a business owner asks.

Unfortunately, there isn't one simple answer.

The ultimate cost can depend on the number and nature of the alleged barriers, whether remediation is necessary, how quickly the matter can be resolved, the plaintiff's demands, attorney's fees, expert costs, and whether substantial litigation or motion practice becomes necessary.

That's one reason why it's important to evaluate your case early.

A business should understand both the legal side and the practical costs of defending a lawsuit.

Sometimes an efficient resolution may be the best business decision. Other cases may present defenses that warrant litigation.

The goal is to make decisions based on the facts, not out of fear.

Don't Forget About Your Website

Even if your lawsuit is about a physical location, it's a good idea to look at your business's overall accessibility practices.

Website accessibility litigation has become an important issue for New York businesses.

Claims frequently allege that blind or visually impaired users cannot properly navigate websites using screen readers because of issues involving alternative text, navigation, forms, headings, pop-ups, or other website features.

If your business relies on online sales, reservations, appointments, or customer information, digital accessibility should be part of your overall risk management.

What Businesses Can Learn From an ADA Lawsuit

No one wants to face a lawsuit.

But if your business is involved in an ADA case, you can use the experience to spot issues that might have gone unnoticed.

After addressing the immediate lawsuit, businesses may want to consider:

• periodic accessibility reviews;
• employee training concerning customers with disabilities;
• clear service-animal policies;
• review of entrances, parking, restrooms and customer areas;
• website accessibility testing; and
• procedures for responding to accessibility complaints before they escalate.

Accessibility is not just a one-time project.

Properties change. Websites are redesigned. Employees change. Equipment gets moved. New features are added.

Checking accessibility regularly can help you find problems before they turn into lawsuits.

New York ADA Defense Attorneys for Businesses

If you have just received an ADA lawsuit, you probably have more questions than answers.

That's normal.

The key is to get information before making any decisions.

Bashian & Papantoniou, P.C. represents businesses in ADA litigation in New York State and Federal courts. Our attorneys handle claims involving physical accessibility, website accessibility, service animals, and other alleged violations of disability-access laws.

We start by understanding the claim.

We review the complaint, investigate the allegations, evaluate potential defenses, coordinate with accessibility experts when appropriate, and help our clients determine whether the most effective strategy involves remediation, negotiation, motion practice, litigation, or a combination of those approaches.

Our attorneys have experience with Title III ADA cases and understand both the legal and practical challenges businesses face when they are sued over accessibility.

Served With an ADA Lawsuit in New York? Talk to an ADA Defense Attorney.

If your restaurant, retail store, hotel, property, professional office, or other New York business has received an ADA demand letter, summons, or complaint, don't wait until your response deadline approaches.

Contact Bashian & Papantoniou, P.C., New York ADA Defense, to talk about the allegations and your options.

This article is provided for general informational purposes only and does not constitute legal advice. Every ADA matter depends upon its particular facts and applicable law. Reading this article does not create an attorney-client relationship.