What must a plaintiff prove in an ADA access case without injury?

Full question:

In an American Disabilities Access case, to what extent is the Plaintiff required to prove 'injury' if he was not denied access and was able enjoy the goods and services of the restaurant?Does the fact that the 'pull' on the door exceeded 5 lbs or the access ramp had a 1/2' slope greater than allowed by law imply the Plantiff was injured, yet he was able to enjoy the goods and services?

• Category: Personal Injury
• Date: 04/07/2025
• State: National

Answer:

The Americans With Disabilities Act (ADA) requires that barriers in existing facilities be removed if doing so is "readily achievable." This term considers the nature and cost of the accommodation, the financial resources of the public accommodation, and the type of entity involved. If removing a barrier is not readily achievable, alternative methods must be provided to ensure access to goods and services.

For new public accommodations built after January 1993, detailed design and construction requirements must be followed under Title III of the ADA. Renovations must also adhere to these guidelines.

Individuals can file lawsuits for discrimination without needing to prove physical injury. Under the ADA, discrimination occurs if reasonable accommodations are not made for known disabilities unless it imposes an undue hardship on the business. Additionally, individuals may file complaints with the Attorney General, who can bring lawsuits in cases of public importance or patterns of discrimination. The Attorney General can seek monetary damages and civil penalties, which can reach up to $50,000 for a first violation and $100,000 for subsequent violations.

Relevant sections of Title III of the ADA include provisions for private suits and injunctive relief, allowing individuals to seek court orders to ensure compliance with accessibility standards (42 U.S.C. § 12181 et seq.).