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 of negligence or even negligence per se in a personal injury action. More
The ADA and safety – beyond accessibililty to damages.
By Richard Hunt in Accessibility Litigation Trends, Damages, personal injury Tags: ada litigation, negligence, private lawsuits, private litigants
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 post Personal injury damages for ADA violations – it can happen.) the case law covered the spectrum from ADA violations being prima facie proof of negligence to ADA violations being no evidence at all of negligence. At the same time, it appears likely that compliance with the relevant ADA standard for physical accessibility cannot be considered negligence because the ADA preempts differing state law standards (click the following link to read my post Pool lifts and preemption of state tort claims.) Bray adds another jurisdiction to the list of those in which an ADA violation is evidence of negligence. More
Personal injury damages for ADA violations – it can happen.
By richardhunt in ADA, ADA FHA General, ADA FHA Litigation General, Damages, personal injury Tags: ada litigation, personal injury lawsuits, private lawsuits, private litigants
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 the plaintiff was injured when she stepped into a storm drain which, she claimed, constituted a violation of the ADA accessibility requirements. She argued that this violation was prima facie evidence of negligence under West Virginia law. The District Court disagreed. It found that using ADA violations as prima facie evidence of negligence would in effect create a implied cause of action for damages that contradicted the ADA’s own provisions. More