Here are 3 lawsuits that were dropped when the ADA violations were corrected. We save the best story for last.
Whitaker v. BOP Fighat7th LLC et al
In this case it was proven that only one violation was present, the counter length. The defendant fixed the problem and the case was dismissed.
Nekouee v. Captain D’s, LLC
This is typical of construction related ADA cases. One problem is identified by the plaintiff in the lawsuit and is corrected by the defendant. However, in this case the plaintiff continued to find problems for the defendant to fix dragging the case out.
Boitnott v. Border Foods, Inc.
In this case, the ADA consultant really is the shining star. All problems were identified early and were corrected. The ADA consultant verified they were fixed correctly and no further problems existed. The case was dismissed despite the plaintiffs efforts to draw the case out.
The moral of the story, hire an ADA consultant early to help you identify all problems from the beginning. The best way to resolve a construction related ADA claim is to make sure you are in full compliance.
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