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Physical Accessibility Claims

Defending stores, restaurants, salons, landlords and property managers sued over entrances, ramps, restrooms and other physical barriers.

Title III of the ADA mandates that places of public accommodation must be genuinely accessible to all individuals. We frequently observe businesses facing litigation over seemingly minor infractions: a threshold without a proper ramp, heavy doors lacking power-assist, or restrooms missing compliant grab bars.

A single photograph of an uneven curb or a narrow merchandise aisle can result in a federal complaint landing on your desk. For landlords and property managers, these risks are amplified; a non-compliant elevator or storefront entry often leads to joint liability claims against both the tenant and the property owner.

Common claims

  • Steps or raised thresholds at the entrance with no ramp or alternative access
  • Doors that are too heavy, too narrow or have hard-to-grip hardware
  • Restrooms without compliant grab bars, clearances or sink heights
  • Counters, service areas and seating that are too high or inaccessible
  • Narrow aisles or merchandise blocking the path of travel
  • Missing accessible parking spaces or signage

How we defend you

  • Rapid assessment. We review the complaint, the plaintiff’s litigation history and the premises itself, often with an accessibility consultant.
  • Allocating responsibility. When both landlord and tenant are sued, we examine the lease to determine who is responsible for which areas and pursue indemnification where appropriate.
  • Remediation as strategy. Fixing the claimed barriers can, in some cases, support dismissal of the claim for injunctive relief under federal law. We coordinate remediation with the defense.
  • Resolution. We negotiate settlements that limit payment and set realistic timelines for any required work, or litigate when the claims are weak.

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