handicappedA new federal ruling that allows individual disabled testers to initiate lawsuits against businesses has caused a fairly large increase in litigation.  Since the ruling took effect lawsuits involving accessibility to public places and business establishments are up over fifty percent compared to the same period last year.

The major issue some small businesses are having with this ruling is the fact that the first time they are hearing about some of the new accessibility requirements is occurring by way of a lawsuit.  This means that they are not only on the hook financially for making the necessary repairs or renovations in order to be compliant, but they also need to pay for their own lawyer and for the legal team of the individual who filed the lawsuit.

Small businesses that are having a difficult time making ends meet to begin with might have a difficult time surviving through the cost of a major renovation, let alone the additional costs for court and legal fees.  Many of these businesses would be more than willing to embark on improvements to meet accessibility requirements because it could conceivably bring in more customers and ultimately improve their businesses – what they don’t want is to have to pay double or triple the cost  in order to secure compliance due to legal fees.

The fact that there is no grace period after a law has been passed is also hurting small businesses.  If the federal courts could amend their ruling to allow small businesses a certain amount of time to make any necessary renovations before facing litigation it would certainly ease the potential burden here.

If you are facing a lawsuit from a patron for any reason you should immediately seek the help of a legal professional.  Lawsuits can be time consuming and costly and the best way to ensure a favorable outcome is by having a qualified lawyer on your side.  An experienced California business attorney can gather all the facts necessary regarding your claim and work to ensure the best possible outcome for your small business.

AXIS Legal Counsel’s Business and Corporations Practice provides legal advice to numerous businesses with a variety of legal matters, including business formations, contracts, deals, and transactions, business administration, corporate governance, operations, risk management / insurancelabor/employment matters, intellectual property, healthcare, crisis management, directors/officers, private/data security, technology, statutory/legal compliance, and business litigation. AXIS represents businesses, corporations, LLCs, LLPS, partnerships, and startups in need of a corporate lawyer, for business legal matters as well as business litigation.

For information on retaining AXIS Legal Counsel to represent your business in connection with any legal matter, contact info@axislegalca.com or call (213) 403-0130 for a confidential consultation. Axis’ managing attorney Rabeh M. A. Soofi is ranked as one of the “Top Women Lawyers of Southern California” by SuperLawyers, and is a Los Angeles Business Lawyer representing businesses and start-ups throughout Los Angeles and California.