The Hidden Legal Shield Every California Property Owner Should Know About: Inspection DAIC Certificate
- Corey Taylor
- Jan 8
- 2 min read
How a CASp Inspection Can Save You Thousands in Accessibility Lawsuits
What Is a CASp Inspection?
A Certified Access Specialist (CASp) is a state-licensed professional who inspects your property for accessibility barriers. After the inspection, you can receive a Disability Access Inspection Certificate (DAIC).
This certificate isn't just paperwork—it's legal protection.
The Game-Changer: Qualified Defendant Status
When you obtain a CASp inspection before you are served with a lawsuit, you automatically gain "Qualified Defendant" status. This legal status offers major protections.
Key point: You have a small window of opportunity. Even if a lawsuit is filed, you can still get the protections if you act quickly and obtain the inspection before you're served with the summons and complaint.
7 Major Legal Benefits of a DAIC Certificate
1. Reduced Damages (75% Savings)
Without DAIC: $4,000 minimum per violation
With DAIC: $1,000 minimum per violation
2. 90-Day Pause on Lawsuit
Stop legal proceedings for 90 days. This gives you time to fix problems and stops attorney fees from piling up.
3. Mandatory Settlement Meeting (Within 35 Days)
You get a required early negotiation meeting before expensive litigation starts. Most accessibility cases settle anyway—this gets you there fast.
4. Plaintiff Must Disclose Their Claims
The person suing you must tell you exactly what violations they claim—and the costs—at least 15 days before the settlement meeting. No surprises.
5. Grace Period Protection (120-180 Days)
If you create a compliance plan after getting your DAIC, you get 120 days (or 180 days with an active permit) without penalty liability while you fix things.
6. Litigation Deterrent
When lawyers see your CASp certificate, they know you're not an easy target. Over 90% of accessibility cases settle anyway, and properties with Qualified Defendant status are tougher to extract money from.
7. Proves Good Faith
Your inspection shows courts you took accessibility seriously, even if you haven't fixed everything yet. This helps in settlement discussions and legal proceedings.
Important Rules
✓ Inspection must happen BEFORE you're served with a lawsuit
✓ Only a licensed CASp can provide these benefits (not other consultants)
✓ Keep your report confidential (but display your certificate publicly)
✓ You don't need to be 100% compliant yet to get the protections
The Math Makes Sense: If you fight the lawsuit
Cost | Amount |
CASp Inspection | $1,000–$5,000 (typically) |
Typical settlement without DAIC | $25,000–$200,000+ |
Legal fees to defend a case | $20,000–$100,000+ |
A $3,000 inspection could save you $75,000+. That's a 25x return.
When Should You Get One?
Now. Don't wait.
Before you get sued
When you buy or lease a property
Before launching a new business
After renovations or property changes
When you hear about accessibility lawsuits in your industry
Bottom Line
California created the CASp program to protect good-faith property owners from "shakedown lawsuits." It works—if you use it before you need it.
The question isn't whether you can afford a CASp inspection. It's whether you can afford not to have one.
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.
Download this free document to understand how an inspection DAIC certificate can give you legal benefits.
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