When it comes to the rights of persons with disabilities in California the law is clear everyone has the right to safe and unhindered access to public spaces. According to official data from the U.S. Department of Justice, many facilities are still not fully compliant with ADA (Americans with Disabilities Act) standards, which poses a serious problem for persons with disabilities.
What Is Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA), passed in 1990, is one of the most important laws protecting the rights of persons with disabilities. Its aim is to ensure equal access to public and private facilities, services, employment and transport. However, failure to comply with ADA standards can lead to serious legal consequences, including the liability of property owners under premises liability laws.
ADA and the Obligations of Property Owners
According to the ADA, all facilities that are accessible to the public (e.g., restaurants, hotels, stores, hospitals) must conform to standards designed for persons with disabilities. These standards include:
- Adapted entrances – Ramps, automatic doors or elevators.
- Marked parking spaces – Specially marked parking places near the entrance.
- Safe passageways – Sufficient width of the passageway for a wheelchair.
- Accessible toilets – Properly positioned handrails and enough room to maneuver.
- Visual and audible signals – For example, fire signaling involving light and sound alarms.
Most Common ADA Standard Violations in California
- Lack of affordable parking
- Inadequate ramps or their complete absence
- Inaccessible toilets
- Shopping counters too high
- Lack of Braille signage on important signs
- Narrow passageways that prevent wheelchairs from passing
How Can ADA Violation Lead to Injury?
When property owners fail to meet ADA standards, the risk to visitors, especially those with disabilities, is greatly increased. Common examples of injuries include:
- Falls on unfitted ramps or unmarked steps.
- Spinal cord injuries due to improperly installed automatic mechanisms.
- Restricted access in emergency situations due to unadjusted exits.
If the injury occurs because of a violation of the ADA standards, the victim can sue for damages. Compensation may include medical expenses, lost income, and even compensation for emotional pain.
Example of ADA Violation in California
One famous case in California involved a lawsuit against a restaurant chain that failed to provide disabled-accessible restrooms. The court found that the restaurant had violated ADA standards and awarded substantial damages to the victim. Here it is clear that noncompliance with the ADA can have not only legal but also financial consequences.
Statistics That Are of Concern
According to the latest data from the CDC (Centers for Disease Control and Prevention), approximately 26% of adults in California live with some form of disability. Research shows that:
- 75% of persons with disabilities report at least one access barrier in the last year
- Over 50% of public facilities in Fresno require additional adaptations
- More than 10,000 ADA suits are filed in California each year
Who Can You Sue
In the event of an ADA noncompliance violation, the victim may file a lawsuit, and potential defendants may include:
Principal responsible for maintaining and aligning the property with ADA standards. This includes private owners, corporations, or public entities, depending on the type of facility.
If a property manager (e.g. a management firm) has not implemented appropriate measures to ensure accessibility, they may also be liable.
- Designers and Contractors
If the injury is the result of poor design or improperly executed works, architects and contractors may be part of the lawsuit.
If the space tenant uses the property and has not ensured the necessary accessibility for people with disabilities (e.g. restaurant or shop), they may also be liable.
When Can You Sue
You can file a lawsuit when it can be proven that there were:
Failure to adhere to ADA standards: Lack of ramps, adapted restrooms, or other affordable solutions.
Direct Injury: The injury is directly related to the property’s nonconformity.
Damage: Physical, financial, or emotional damage must be documented.
How Can a Premises Liability Lawyer Help
If the injury occurs because of a violation of the ADA standards, the victim can sue for damages. Compensation may include medical expenses, lost income, and even compensation for emotional pain. In such situations, it is important to have an experienced attorney who understands the premises liability laws in California.
Our Fresno premises liability attorney team at Bojat Law Group is dedicated to protecting victims’ rights and ensuring fair compensation. Whether the injury occurred in a restaurant, a shopping mall, or any public facility, our team has the knowledge and experience to handle your case successfully.
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