State Senate bill would curb frivolous disability-access claims

In a couple of our previous posts, we discussed the ongoing issue of small businesses being hit with frivolous lawsuits for alleged non-compliance with the Americans with Disabilities Act (ADA). California law differs from other states' laws with regard to these kinds of legal claims, and California businesses have been forced to settle ADA claims rather than challenge them. The problem is that settling is often less expensive than fighting a frivolous claim.

Back in October we reported that lawmakers had not yet taken action to protect California businesses from frivolous ADA lawsuits, but now a state Senate bill has been introduced specifically for this purpose.

If passed into law, Senate Bill 67 would require a plaintiff to prove in court that alleged non-compliance with the ADA has resulted in harm to the plaintiff. Currently, a person who brings a disability-access claim doesn't have to prove that harm actually resulted from non-compliance.

Additionally, the bill would give businesses a period of time to make ADA-required accommodations without having to pay fines.

If the changes take effect, they are expected to be a disincentive for consumer attorneys who repeatedly exploit the current situation.

State Sen. Cathleen Galgiani introduced the bill, which she says has a fairly good chance of being passed, as her colleagues know that people in the business community throughout the state have been hit with frivolous ADA lawsuits. She went on to say that the bill would likely not get legislative hearings for another few months.

Business owners with disability-access concerns should in the meantime speak with a business litigation attorney.

No Comments

Leave a comment
Comment Information
  • NBLSC Board Certified Lawyer Rated By Super Lawyers | Ryan P. Durham Rated By Super Lawyers | Ben Boston
  • Tennessee Association For Justice | Member 2015-2016 American Association For Premier DUI Attorneys The National Trial Lawyers | Top 100 Trial Lawyers
  • American Institute of Family Law Attorneys | 10 best 2015 American Institute of Personal Injury attorneys | 10 best 2016 AV preeminent |  Jeffery Broker

Schedule a Consultation Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Shulman Bastian LLP | Full Service. Business. Lawyers.

100 Spectrum Center Drive
Suite 600
Irvine, CA 92618

Map & Directions

3550 Vine Street
Suite 210
Riverside, CA 92507

Map & Directions