personal injury
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Personal injury and the ADA – is every violation per se negligence?
Reed v. W. Oil, Inc., 2017 WL 4236549 (E.D. Mo. Sept. 22, 2017) adds another jurisdiction to those which have considered the relationship between the ADA and common law negligence claims. We’ve blogged about this before*, and while there is no certain national standard, every business should be aware that ADA violations may constitute evidence Continue reading
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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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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
