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.
Encourage clients to investigate the condition that is the subject of the ADA claim, and if in violation, correct the condition as soon as possible. In most circumstances, the fact of subsequent repair or remediation is inadmissible as evidence of a defective condition in a bodily injury negligence case.
More about ADA Cause of Action being added to Bodily Injury Cases
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