Serial Claimants Exploit the Americans with Disabilities Act (“ADA”) and Cripple Florida Businesses
Serial Claimants Exploit the Americans with Disabilities Act (“ADA”) and Cripple Florida Businesses Nov 30, 2016 According to a recent news investigation, a law designed to help give the disabled access in the state of Florida is potentially being used for abusive reasons. Specifically, one man in particular has allegedly filed more than 1,000 lawsuits against local Florida businesses for supposedly violating the Americans with Disabilities Act (ADA), without even first bringing his concerns to the business owners and asking that they make specific changes to their accommodations (or even being a patron of the business itself). In fact, many business owners claim that there are “ADA testers” filing various costly lawsuits—many of them over violations that have been called trivial, such as the height of a toilet paper dispenser being—and in doing so, potentially abusing the system for a cash payout. The Americans with Disabilities Act (ADA) The ADA is designed to prevent employers from discriminating against hiring someone due to a disability, and mandates that businesses make reasonable accommodations such that the disabled have access to their facilities. Many have now pointed out that this second requirement is very difficult to comply with because of how specific it is currently worded in terms of the permissible heights of toilet paper dispensers and other amenities, for example. Because of this, they say, even advocates of the disabled have failed to find anything that is 100 percent compliant with the ADA. Florida Is a Target for Fraud Currently, Florida ranks as one of the top states for ADA noncompliance lawsuits and “drive by” testers. Close to 6,000 ADA lawsuits have been filed just over the last four years in Florida alone, and one in five of them was filed by this one person who was the subject of the investigation, Howard Cohan. Much-Needed Reform This has become such an issue that some U.S. representatives have taken action to introduce bills that would allow businesses 90 days to fix ADA violations before they could be sued. Some states—like California—already do provide businesses with a grace period to comply with the ADA before they can be sued. Rumor has it that states such as Arizona and Colorado are thinking of adopting similar laws. Even representatives in Florida—who have spent much of their careers advocating for disabled rights—have recognized that there is an issue with serial ADA filers and that there needs to be a grace period in place to allow for a business owner to address any potential ADA violations before being sued for them. Professional Florida Business and Corporate Lawyers Owning and operating a business involves dealing with a variety of different issues that could have potentially negative repercussions on your business. At HD Law Partners, our Tampa and Sarasota business & corporate law attorneys possess the legal knowledge and experience necessary to help prevent these conflicts before they occur. Our practice focuses on representing businesses and corporations in a variety of capacities, including those that may be the victims of fraudulent claims. Find out how we can help you by getting in touch today. Resources: wptv.com/longform/florida-businesses-in-battle-witih-so-called-serial-suers frontpagemag.com/fpm/149369/exploiting-americans-disabilities-act-arnold-ahlert Tags: ADA, Americans With Disabilities Act, Florida Business and Corporate Lawyer, Florida Business and Corporate Lawyers, Fraudulent Claims, Serial Claimants, Tampa Insurance Defense Attorney, Tampa Insurance Defense Attorneys Posted in Business Corporate, Insurance Defense | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us