Can Business Owners Get a DAIC Before Being Served with an ADA Lawsuit Summons?

Yes, business and property owners can obtain a Disability Access Inspection Certificate (DAIC) after an ADA lawsuit has been filed against them, but before they are served with the summons. However, the timing is crucial for maximizing legal benefits.

Understanding the Critical Timing

The key distinction lies between when a lawsuit is filed versus when it is served. Under California's Construction-Related Accessibility Standards Compliance Act (CRASCA), the "qualified defendant" status and its associated legal protections depend on having a CASp inspection completed before being served with a summons and complaint.

Filing vs. Service Timeline

In California civil litigation, there's typically a window between when a complaint is filed and when defendants are served:

• Filing: When the plaintiff submits the complaint to the court

• Service: When the defendant receives the summons and complaint (must occur within 60 days of filing)

  
  

During this gap, business owners can still obtain a CASp inspection and DAIC to achieve qualified defendant status.

Legal Benefits of Qualified Defendant Status

If a CASp inspection is completed before service of the summons, business owners become "qualified defendants" and receive significant legal protections:

Immediate Protections

• 90-day stay of court proceedings (temporary halt of the lawsuit)

• Early evaluation conference within 50 days

• Reduced statutory damages from $4,000 to $1,000 per occurrence

Additional Benefits for Small Businesses

For businesses with 50 or fewer employees, there's a potential 120-day grace period from liability for minimum statutory damages if they:

• Correct all violations within 120 days of the inspection

• Had no prior notice of the violations before the CASp inspection

• The inspection predates both the filing of the claim and receipt of any demand letter

What Happens After Service?

Once served with a summons and complaint, it's too late to obtain qualified defendant status for that particular lawsuit. As the official CASp manual clearly states: "an inspection report issued according to Civil Code section 55.53 provides 'qualified defendant' status only if the client has not yet been served a summons and complaint of a construction-related accessibility claim"

However, getting a CASp inspection after being served can still provide benefits:

• Protection against future accessibility claims

• Detailed understanding of compliance issues

• Professional guidance on corrections needed

• Potential reduction in liability if corrections are made promptly

The DAIC Itself

The Disability Access Inspection Certificate (DAIC) is a blue, sequentially numbered certificate bearing the California state seal. It serves as proof that a CASp inspection was conducted, though it's important to note that:

• The DAIC is not a certificate of compliance

• It's a record of inspection, regardless of whether violations were found

• Displaying it is voluntary but recommended as it may deter potential litigants

Strategic Considerations

Act Quickly

If you learn of a filed lawsuit but haven't been served yet, contact a CASp immediately. The window for obtaining qualified defendant status closes permanently once you receive the summons and complaint.

Don't Wait for Lawsuits

The most protective approach is proactive CASp inspection before any legal issues arise. This provides the strongest legal protections and demonstrates good faith compliance efforts.

Consider Professional Legal Advice

Given the complexity of disability access law and the strict timing requirements, consulting with both a qualified attorney and certified CASp is advisable when facing potential or actual ADA litigation.

The bottom line: while you can get a DAIC after a lawsuit is filed but before service, the window is narrow and closing fast. The best protection comes from proactive compliance efforts before any legal challenges arise.

DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney or consultant for advice tailored to your situation.