Not always worth it to settle

| Tuesday, January 8th, 2013 | Comments Off on Not always worth it to settle

Happy new years!

To open the new years, we have some good news for property owners seeking to defend against frivolous ADA lawsuits. The trick in defending such cases is to prove that the alleged violations are in fact frivolous… or in this case, not readily achievable.

Here are two articles about this very issue:

http://legalnewsline.com/news/238477-calif-sc-awards-store-owner-attorney-fees-in-disabilities-lawsuit

http://www.jdsupra.com/legalnews/prevailing-property-owners-may-recover-a-81441/

Part of the reason to get a good attorney is that such an attorney will be able to present the case in this light. But unless the attorney can do the inspection themself, and unless the attorney is well versed in ADA and State building codes, you will need an expert witness to inspect the property and present the case.

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