LAAW Spotlight: ADA Lawsuit Abuse
The Americans with Disabilities Act (ADA) is a well-intended law meant to ensure equal access to public places. The problem is that personal injury lawyers across the nation are using the ADA to force settlements out of small businesses for violating the law. Some personal injury lawyers file dozens
In 2016, Texas was hit with the fifth highest number of ADA lawsuits in the country. Small businesses are targeted and receiving letters and being served lawsuits over minor technical violations by the same plaintiffs and lawyers, who often have not even visited the businesses they are suing
During the 85th Legislative Session the Citizens Against Lawsuit Abuse groups across Texas supported House Bill 1463, which went into effect September 1, 2017. The new law requires a business must be given notice that they are in violation of the American with Disabilities Act and be given an opportunity to fix any issues with accessibility before a lawsuit can be filed.
Reforms like HB 1463 help solidify Texas’ reputation for common-sense reforms that keep Texas open for business, ensure access to our courts and rein in lawsuit abuse.