The Americans with Disabilities Act was a watershed moment in protecting the rights of the 61 million citizens who have a disability. If a business commits an ADA violation, that isn’t necessarily enough to be considered negligence, but noncompliance can be used as a factor to prove negligence in a personal injury case. If you or a loved one has suffered an injury after a business owner failed to maintain a safe and accessible premise, you may be able to file a lawsuit and receive compensation.
Filing an ADA Lawsuit
Plaintiffs looking to pursue an ADA lawsuit don’t necessarily need to have suffered an injury. However, a key difference between personal injury lawsuits and ADA lawsuits is that the latter may not include financial compensation. Settlements in ADA lawsuits typically cover your attorney’s fees and filing an order for the business to become ADA compliant.
Filing a Premises Liability Suit
For personal injury lawsuits that involve an ADA violation, the process will be similar to other premises liability cases. Several ADA compliance issues can lead to an injury, including the following:
- Lack of a ramp at the entrance
- Missing handrails in the bathroom
- Damaged or uneven flooring that can cause a wheelchair to tip over
In a premises liability lawsuit, the property owner must have already been aware of the hazard posed by their ADA violation. Then, that failure to fix the noncompliance can be used to demonstrate their negligence and responsibility for your injuries.
Let Leav & Steinberg Represent You
Unsafe conditions can lead to serious injuries that can impact the quality of life of people with and without disabilities. Work with a knowledgeable personal injury attorney to protect your rights after suffering an injury due to an ADA violation. Leav & Steinberg LLP has a team of compassionate and responsive lawyers who have helped clients in New York City and the rest of the tri-state area successfully recover financial compensation. To schedule a free consultation with a member of our staff, call 212-766-5222 today.
