Damages
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The ADA and safety – beyond accessibililty to damages.
A recent case from Maryland, Bray v. Marriott Int’l, 2016 WL 319873, at *1 (D. Md. Jan. 27, 2016) serves as a reminder that violations of ADA accessibility standards may also serve as evidence of negligence in a personal injury case. When I last wrote about this subject in 2013 (click the following link to read my Continue reading
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Encouraging ADA compliance – punishment and damages just don’t work.
For the last several years I have tracked the rate of ADA litigation filing in the United States. California consistently leads the nation in ADA lawsuits. It also has the nation’s most punative accessibility statute, the Unruh Act. Florida is consistently second in the number of filings despite the fact that it has no provisions Continue reading
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Personal injury damages for ADA violations – it can happen.
It is universally agreed that the ADA does not create a private cause of action for damages, but that doesn’t mean an ADA violation won’t result in a judgment for damages. I was reminded of this by the November 4, 2013 decision in Christian v. United States, 2013 WL 5913845 (N.D.W. Va. 2013). In Christian Continue reading
