In recent years, ADA lawsuits in California and across the United States have surged at an unprecedented rate. Business owners often first encounter these claims through an ADA demand letter or lawsuit alleging violations of the Americans with Disabilities Act (ADA). Many of these cases are perceived as “drive-by” or coercive ADA lawsuits, exposing businesses to statutory damages, attorneys’ fees, and significant compliance costs.
ADA claims commonly focus on:
- Physical accessibility at commercial properties
- ADA website accessibility compliance
- Mobile application accessibility requirements
Small and mid-sized businesses are especially vulnerable without a strategic legal response.
According to Paul P. Cheng, Esq., a former prosecutor, experienced mediator, and seasoned trial attorney, rushed reactions often increase legal exposure rather than reduce it. With a disciplined ADA defense strategy, businesses can challenge unsupported claims, control costs, and reduce future litigation risk.
Comprehensive ADA Defense Strategies for California Businesses
The Law Offices of Paul P. Cheng provides ADA lawsuit defense for a broad range of industries, including:
- Hotels and hospitality businesses
- Apartment owners and property management companies
- Retail stores and shopping centers
- Office buildings and industrial properties
Our ADA defense strategy begins with a thorough legal and factual evaluation of the alleged violations. Not every ADA claim is valid, and many can be narrowed, negotiated, or dismissed with proper analysis.
Our ADA Litigation Defense Approach Includes:
- Evaluating whether alleged ADA violations actually exist
- Identifying cost-effective remediation strategies when appropriate
- Coordinating with insurance carriers to identify potential coverage
- Negotiating settlements that minimize financial exposure
- Implementing compliance measures to prevent repeat ADA lawsuits
Our goal is not just resolution, but long-term risk management and compliance.
Beware of Low-Cost “Flat Fee” ADA Defense Offers
Business owners should be cautious of attorneys advertising low-fee or flat-fee ADA defense packages. These arrangements often mean insufficient time is spent on critical issues, such as:
- Verifying the legitimacy of alleged ADA violations
- Analyzing cost-effective settlement versus litigation options
- Negotiating appropriate accessibility modifications
- Coordinating with qualified ADA inspectors or accessibility consultants
- Advising on how to prevent future ADA claims
Choosing experienced California ADA defense counsel focused on client outcomes, not shortcuts, is essential to controlling total cost and liability.
ADA Website and Mobile App Accessibility: A Growing Legal Risk
As physical ADA compliance improves, plaintiffs increasingly target ADA website accessibility and mobile application compliance. Federal courts remain divided on whether the ADA applies to websites without a physical nexus, creating legal uncertainty highlighted by cases such as Gil v. Winn-Dixie.
The Law Offices of Paul P. Cheng has successfully handled multiple website and mobile app ADA lawsuits, many of which lacked clear legal support. Businesses should proactively assess their digital platforms to reduce exposure to mass-filed ADA website lawsuits.
ADA Litigation Protection for Real Estate Owners and Property Managers
ADA lawsuits involving apartment complexes, leasing offices, and common areas have risen significantly. Claims often focus on:
- Accessibility of management offices and amenities
- Handling of reasonable accommodation requests
- Policies related to service animals and assistance animals
We help property owners and managers develop:
- ADA compliance policies and procedures
- Staff training programs
- Documentation protocols to defend against repeat plaintiffs
Why California Leads the Nation in ADA Lawsuits
California consistently ranks first in ADA litigation filings. One key reason is that state law allows prevailing plaintiffs to recover statutory damages and attorneys’ fees, while defendants generally cannot recover their costs—even if they win.
Although legislation such as SB 1186 attempted to discourage abusive ADA filings, lawsuits continue to rise. As Paul P. Cheng explains, “The absence of a meaningful cure period means many lawsuits are filed immediately. Businesses must respond quickly to preserve opportunities to reduce liability.”
Key Steps to Take After Receiving an ADA Demand Letter or Lawsuit
If your business receives an ADA demand letter or lawsuit, immediate action is critical:
Recommended Next Steps:
- Contact an attorney experienced in California ADA defense
- Determine eligibility for small business statutory damage reductions
- Review insurance policies, including Employment Practices Liability (EPL) coverage
- Conduct an ADA compliance review of physical facilities and digital platforms
Turning ADA Litigation Risk into Business Resilience
ADA litigation is not only a legal issue, it is a matter of cost control, compliance, and risk management. With experienced legal guidance, businesses can defend against improper claims while strengthening accessibility practices.
If your business is facing an ADA lawsuit, ADA demand letter, or accessibility compliance issue, contact the Law Offices of Paul P. Cheng for an individualized assessment.
Call for a consultation: 855-919-2655
Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. Every case is unique. For advice specific to your situation, consult a qualified attorney.