Access Foibles 6

| Wednesday, January 12th, 2011 | 2 Comments »

Through ignorance or inattention, this contractor is placing his client in a perilous legal position. It is never OK to block an access aisle or use it for another purpose. Even if it’s somebody else’s fault that your site has accessibility problems, you are still the one that’s going to face the lawsuit. Remember — even if you win in court, you still have to pay your¬†attorney¬†potentially thousands of dollars. And that’s not even taking into account the time you have to take off work and the stress of a legal battle. Avoid liability in the first place: get an accessibility survey every five years and regularly check your own site for potentially dangerous situations.

You can always look up our pricing as well as the official sites with ADA info.

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  1. Craig Williams, CASp Architect says:

    Photo documenting this and sending written correspondence ASAP to the entity (if known) that has placed these barricades can become an important defense in situations where a claim arises from blocking or creating a hazard or other detrimental effect on access aisles, paths of travel, required maneuvering clearance or other required accessible element. The letter can state that if a claim arises, the entity will bear the cost of defense and compensation to any person(s) who must respond to such a claim (notice regarding indemnification, hold harmless and defend terms can also be included in such a letter). The letter could also state a reasonable time limit (24 hours) to remove, relocate, provide detour or other appropriate response that does not create the basis of a claim. Include reasonable consequences (such as billing the responsible party for corrective action) if the responsible party fails to respond with a suitable solution within the time period provided.

    For those interested in a detailed analysis of requirements applicable to required accessibility in and around construction/renovation zones and requirements for temporary facilities to maintain access you may contact Craig Williams at or call (707) 823-2724

  2. Sukriti says:

    As I have understood it. Target celpmetoly ignored any requests to make accommodations and that is what got them in trouble. Probably could have been avoided if they addressed the complaint.