Next week is the week before my daughter’s bat mitzvah. Accordingly, I think I’m going to take that week off. This week’s blog entry comes to me courtesy of my friend Stephen Meyer, a certified Texas accessibility specialist (a certified person in Texas that assesses facilities for compliance with accessibility guidelines and regulations). The case,
architectural guidelines
Since ADA is a nondelegable duty, does that mean indemnity is dead?
In a previous blog post, I wrote about a case involving a major resort in Las Vegas Nevada that hired somebody to help ensure that its resort modifications were in compliance with the Americans with Disabilities Act. When it turned out that those modifications were not in accordance with the ADA and the resort…
ADA compliance as a nondelegable duty
People who are covered by the Americans with Disabilities Act (ADA) have an obligation to comply with its myriad requirements. The question becomes can that obligation be delegated to someone else? That is, let’s say you are a major hotel and you are building out/renovating the hotel in a big way. You hire a firm…
Key Issues in Title III of the Americans with Disabilities Act
Title III of the ADA requires that any new buildings, after 1992, be built in accordance with strict architectural guidelines that mandate accessibility for persons with disabilities. Also, any renovations to buildings, whether the building is built before 1992 or otherwise must be made in a way so that the renovations are accessible to persons…
Title III: it may be cheaper to fix it
Under title III of the Americans with Disabilities Act, the only remedy the plaintiff can get is injunctive relief and attorneys fees. The court may also fine violators up to $50,000 for a first violation and up to $110,000 for each subsequent violation. Attorney fees are only available if the person prevails. What does it…