ADA Cause of Action added to Bodily Injury Cases

A recent trend in premises liability slip/trip and fall cases filed against commercial establishments is the inclusion of an Americans with Disabilities Act (ADA) cause of action pursuant to “Accessibility Guidelines for Buildings and Facilities” as set forth in Appendix A to Part 36 (28 CFR part 36 et seq.). This cause of action can give rise to an attorney’s fees claim for the legal efforts taken to force remediation of a building condition that violates the Federal Statute and may place a defendant in the inevitable position of paying attorney fees to plaintiff’s counsel separate from a standard bodily injury settlement.

Continue reading “ADA Cause of Action added to Bodily Injury Cases”

San Diego Insurance Adjusters Association Annual Golf Tournament on July 24 in San Marcos, CA

Mr. Cabodi of Small, Henstridge, Cabodi, & Pyles will be attending an annual golf tournament held by the San Diego Insurance Adjusters Association on July 24th in San Marcos, CA. The tournament begins at 9am at the Twin Oaks Golf Course located at 1425 N. Twin Oaks Valley Road, San Marcos, CA 92069.

Continue reading “San Diego Insurance Adjusters Association Annual Golf Tournament on July 24 in San Marcos, CA”

Mr. Cabodi Attending the 2015 Claims and Litigation Management SoCal Conference

The Claims and Litigation Management Alliance (CLM) is the only national organization created to meet the needs of professionals in the claims and litigation management industries. Founded in 2007, the CLM currently has more than 25,000 Members and Fellows — a number that grows by hundreds each month.

Continue reading “Mr. Cabodi Attending the 2015 Claims and Litigation Management SoCal Conference”

KJ Cabodi made a member of the Claims and Litigation Management Alliance

Already a member of the Association of Southern California Defense Counsel, the Defense Research Institute, and Orange County Bar Association, KJ Cabodi was made a member of the Claims and Litigation Management Alliance (“CLM”).  The CLM is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals, and attorneys.  Through education and collaboration the organization’s goals are to create a common interest in the representation by firms of companies, and to promote and further the highest standards of litigation management in pursuit of client defense.  Selected attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows.

Continue reading “KJ Cabodi made a member of the Claims and Litigation Management Alliance”

Litigation involving the Americans with Disabilities Act

Most litigation involving the Americans with Disabilities Act involves “architectural barriers” in the form of curbs/ramps, doors/entryways, or other physical barriers preventing a disabled person’s physical access into a business location.  A lesser encountered area of ADA litigation involves “accommodation” of a disabled person who has an impaired ability to effectively communicate with the business.  Title III of the Americans with Disabilities Act (“ADA”) applies to businesses which are privately owned and are open to the public.  Among other things, the ADA requires businesses to provide reasonable accommodation to disabled persons (sight impaired, hearing impaired, etc.) to ensure effective communication.

Continue reading “Litigation involving the Americans with Disabilities Act”