The Indian Business Owner TIBO Magazine - Volume 003 | Page 7

Additionally, plaintiffs are also able to ask for damages for times they allege they were deterred from visiting a non-compliant business. Keep in mind: the number of actual ADA violations does not actually matter when calculating damages. Even one minor ADA violation will trigger damages under California law. These ADA lawsuits are generally filed in the United States District Court. This means that defendants are parties to a federal civil rights lawsuit. These cases are very serious. No matter how you feel about the matter, as a business owner you must take swift action to preserve your rights. A surprising number of ADA lawsuits end up in default judgments. This means that the defendant did not respond to the lawsuit. When a defendant defaults, the court enters a judgment for the plaintiff. A default judgment can result in liens being placed on property and adverse credit consequences. Don’t wait until you are sued to take action to fix your www .TIBO magazine . com ADA issues. Obtain a CASp report and immediately start working to fix any ADA deficiencies. Only diligent attention will keep you and your business out of court. Rick Morin Law Office of Rick Morin, PC [email protected] Rick Morin is a civil attorney located in Sacramento, California. A large part of Rick’s practice is defending business owners and property owners in Americans with Disabilities Act lawsuits. Rick grew up in Fair Oaks and attended local schools. Rick and his family currently live in Carmichael. In addition to running his business, Rick is a private pilot, car enthusiast, and he serves as a member of his local park district board of directors. TIBO M agazine - V olume 003| 5