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ADA claim - need help defending.

Miami, FL |

If I was sued for an ADA claim, and I correct all the alleged violations within 30 days, do I still have to pay any damages?

The only thing that has been done on the case is the filing of the Complaint. All violations will be corrected before a response is due. Since there are no damages for future violations, do I have to pay for damages for past violations? Is there some rule that states that Plaintiff is not entitled to damages if everything is corrected within 30 days?

Attorney Answers 2


  1. I'm assuming from your email that your business was sued for not being fully accessible. If so, and you've resolved all technical violations under the ADA and its regulations, the only remaining "damages" ought to be paying of the plaintiff's attorneys' fees. You may be able to defeat plaintiff's claim for attorneys' fees as well. I've handled these cases many times if you need assistance.

    The responses contained in this correspondence do not establish an attorney-client relationship and no such relationship should be inferred by the recipient.


  2. It depends on what type of damages the plaintiff is seeking. If the plaintiff is only seeking injunctive relief, then there would be no damages. That said, many plaintiffs will seek both injunctive relief and compensatory damages. Bottom line: You should retain an attorney to represent you in this matter.

    An attorney who is experienced in labor and employment matters can review the complaint and advise you regarding the best course of action. If the plaintiff is seeking injunctive relief and money damages, it may be advisable to reach a quick settlement. Alternatively, if the plaintiff is only seeking injunctive relief, and the violations have already been remedied, then you may be able to get the case dismissed as moot. If you prevailed in getting the case dismissed as moot, then the plaintiff would not be entitled to an award of attorney's fees.

    Please feel free to cal my office next week if you need assistance with this matter.

    Jonathan Pollard
    www.pollardllc.com

    My response to this question is a response to a hypothetical situation based on limited facts. I am not your attorney; you are not my client and we do not have an attorney-client relationship. If you need a lawyer, you should contact one in your area. If you would like to talk with me about your case, you can call my office.

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