The Small Business Owner's Guide to ADA Legal Compliance: Your Most Pressing Questions Answered

This is not legal advise and used only for illustrative purposes only. Please contact an attorney for legal advice specific to your situation.

If you own a small business in California, you've probably heard horror stories about ADA lawsuits. Maybe you've received a demand letter yourself, or you're watching neighboring businesses get sued and wondering if you're next.

You're not alone—and your concerns are valid.

In 2025, ADA lawsuits increased by 12% compared to 2024, with California leading the nation at 3,252 ADA Title III filings—a 37% jump from the previous year. What's even more alarming? A staggering 77% of these lawsuits target companies with revenues under $25 million.

This guide answers the most common—and most urgent—questions I hear every day.

I Just Got Served with an ADA Lawsuit. What Do I Do Right Now?

First, take a deep breath. Then act fast.

You have 21 days to respond if the lawsuit was filed in federal court, or 30 days if filed in California state court. These deadlines start from when you're served with the lawsuit—meaning when you actually receive the summons and complaint.

Missing this deadline can result in a default judgment against you, which means you automatically lose.

Here's your immediate action plan:

Read the complaint carefully. Note every specific violation alleged—parking signage, door clearances, restroom access, website accessibility, or entrance slopes. Understanding exactly what you're accused of is the first step.

Document everything immediately. Before anything changes, take detailed photographs and measurements of all areas mentioned in the lawsuit. This documentation is critical evidence for your defense.

Contact an experienced ADA defense attorney first. You need someone who understands the ADA, California's Unruh Civil Rights Act, and how federal and state accessibility standards work together.

Do not ignore the lawsuit. It won't go away. Ignoring it only makes things worse and can result in a judgment against you without you ever presenting your side.

Many defense attorneys will request a Certified Access Specialist (CASp) inspection as one of their first steps. A CASp can evaluate the actual conditions, provide a detailed report for your defense, and help minimize damages.

Should I Hire a CASp Inspector or Contact a Defense Attorney First?

This depends on whether you've already been sued.

If you've been served with a lawsuit: Contact a defense attorney first. You're in active litigation with strict deadlines. Your attorney will guide you on whether and when to engage a CASp as part of your defense.

If you haven't been sued yet: Hire a CASp inspector immediately. This is where the true value of a CASp inspection shines, but timing is everything.

Only inspections completed before you're served with a lawsuit provide "qualified defendant" status. California law is very specific about this: you must have the CASp inspection before "the date the defendant was served with the summons and complaint".

Qualified defendant status gives you major legal protections:

• 90-day stay of proceedings – The court pauses the lawsuit for 90 days, preventing plaintiff attorneys from racking up fees while you address the issues

• Early evaluation conference – The court helps mediate and resolve disputes without going to trial

• Reduced statutory damages – Instead of $4,000 per violation under California's Unruh Civil Rights Act, your damages drop to $1,000 per violation

• 120-day grace period for small businesses – If you have 50 or fewer employees and commit to fixing all violations within 120 days, you get additional protection from minimum statutory damages during that period

Once you're served with a lawsuit, you lose these benefits for that specific case—though a CASp inspection can still help minimize damages and show good faith effort.

Should I Just Settle and Make the Lawsuit Go Away?

Settlement is often the most practical resolution, but it's not always the right answer. You need to decide strategically, not emotionally.

The reality: Most ADA lawsuits settle rather than go to trial. For small businesses, typical settlements range from $5,000 to $20,000, though this varies based on the violations. Settlement is usually faster and more cost-effective than litigation, especially when the alleged violations are real.

However, settling isn't always the best choice. Some lawsuits come from serial plaintiffs using cookie-cutter complaints that contain allegations that don't actually exist at your property. When claims are frivolous, an aggressive defense can benefit your business and discourage future predatory litigation.

Before you settle, your attorney should:

• Evaluate whether the claims are legitimate

• Check if the plaintiff has legal standing to sue

• Determine if defenses like technical infeasibility or undue burden apply

• Calculate the true cost of compliance versus settlement

Here's what many business owners overlook: Settling one lawsuit doesn't prevent future lawsuits if you don't achieve comprehensive compliance. If you only fix the specific barriers mentioned in the current complaint without addressing other violations, you're vulnerable to being sued again by a different plaintiff.

The smarter approach? Use the lawsuit as a catalyst to conduct a thorough CASp inspection, identify all accessibility issues, and create a realistic timeline for full compliance. Yes, this costs more upfront than a quick settlement, but it protects you from repeat litigation.

What If I Haven't Been Served Yet But I'm Worried?

If you're reading this and haven't been sued, you're in the best possible position. Now is the time to act proactively.

Getting a CASp inspection before any lawsuit is served is the single most important step you can take to protect your business.

Here's what this accomplishes:

Legal protection. Qualified defendant status provides significant financial and procedural benefits if you're later sued.

Complete understanding of your exposure. A CASp inspection identifies every accessibility barrier on your property and provides specific recommendations for fixing them. You can prioritize repairs based on cost, impact, and legal risk rather than scrambling to respond to lawsuit allegations.

Good faith demonstration. Courts and plaintiffs view businesses that have conducted CASp inspections far more favorably. It shows you're making genuine efforts to comply rather than ignoring your obligations.

Financial planning. Knowing the full scope of required improvements allows you to budget appropriately and potentially phase repairs over time, addressing the most critical barriers first.

A CASp inspection for a small to medium-sized commercial facility typically costs $1,000 to $3,000. Compare this to a single lawsuit—which easily runs $25,000 or more in legal fees and settlements—and the value becomes clear.

What If I Can't Afford to Fix the Problems?

This is perhaps the most emotionally charged question I encounter. Business owners feel trapped between legal obligations and financial reality. The good news: the law recognizes this tension and provides some flexibility.

The "readily achievable" standard helps here. Under the ADA, businesses must remove architectural barriers in existing facilities only when removal is "readily achievable"—meaning easily accomplishable without much difficulty or expense.

What's considered "readily achievable" depends on several factors:

• The nature and cost of the required barrier removal

• Your overall financial resources

• The number of people you employ

• The effect on your expenses and resources

• The impact on your operations

What's readily achievable for a national chain with millions in revenue is very different from what's required of a small family-owned business with tight margins.

If compliance truly creates "undue burden"—meaning significant difficulty or expense—this can serve as a legal defense. However, successfully raising this defense requires thorough documentation showing why the modification would be genuinely prohibitive for your specific business.

Here's a practical approach when money is tight:

Prioritize improvements in this order:

1. Entry access (getting people through the door)

2. Access to goods and services (main business areas)

3. Restroom access (if restrooms are provided to the public)

4. Remaining barriers (secondary improvements)

Start with low-cost improvements. Many accessibility upgrades are relatively inexpensive: adding signs, restriping parking, changing door hardware, repositioning furniture, or adjusting fixture heights. These "quick wins" demonstrate good faith while you work toward more expensive repairs.

Create a documented improvement plan. Work with a CASp to develop a realistic timeline for removing barriers, prioritizing based on cost and impact. This plan shows plaintiffs or courts your genuine commitment to compliance.

Consider tax incentives. The federal government offers tax credits for small businesses that remove barriers. Section 44 of the IRS Code provides credits for businesses with total revenues of $1 million or less or 30 or fewer full-time employees.

What If the Problem Is on City Property or I Don't Control the Area?

Navigating responsibility for ADA compliance gets complicated when multiple parties are involved.

The basic rule: Both property owners (landlords) and tenants can be held jointly and severally liable for ADA violations. This means a plaintiff can pursue either or both parties for the full amount of damages.

Responsibility typically breaks down as follows:

Landlords are generally responsible for:

• Common areas (lobbies, hallways, parking lots, restrooms serving multiple tenants)

• Structural elements (entrances, doorways, ramps)

• Elements that existed before the tenant took occupancy

Tenants are typically responsible for:

• Areas under their exclusive control (inside their leased space)

• Modifications they made to the space

• Furniture and fixtures they added

• Operational policies and practices

Critical point: While a lease can shift the cost of remediation to a tenant, it cannot shift liability from the landlord. Landlords have an independent duty under the ADA to ensure their properties are accessible, regardless of what the lease says.

When the issue is on city property (like a public sidewalk in front of your business), the situation is more nuanced. While you're not responsible for constructing new public infrastructure, you are responsible for maintaining an accessible route from public rights-of-way to your entrance where readily achievable.

Technical infeasibility provides a defense when compliance cannot be accomplished with standard construction methods or would require extraordinary measures. For example, if there's not enough room to provide a compliant ramp and landing, or if the property is built on a natural slope, full compliance might not be required.

The key is documenting why compliance is technically infeasible and providing accessibility to the maximum extent feasible under the circumstances.

Do I Have to Fix It If the Maneuvering Clearance Isn't Flat?

Yes, in most cases—and this is a common violation that plaintiffs frequently target.

The technical requirement: Landings at the top and bottom of ramps, as well as door maneuvering clearances, must be essentially flat. The maximum slope allowed is 1:48 (about 2%). Even slight slopes can make it difficult or impossible for wheelchair users to maneuver safely.

This requirement applies to:

• Ramp landings (top and bottom)

• Doorway maneuvering clearances

• Clear floor spaces at fixtures and elements

• Accessible routes throughout your facility

Why this matters: A wheelchair user needs stable, level ground to open doors, turn around, or transition between surfaces. If a landing or maneuvering clearance slopes too much, the wheelchair can roll away from the door or down the ramp, creating a safety hazard.

Common violations include:

• Entrance landings that slope toward the street or parking lot

• Ramp landings that don't provide adequate level space

• Doorway areas with cross-slopes exceeding limits

• Floor surfaces near restroom fixtures that aren't level enough

If your maneuvering clearance isn't flat, you generally must correct it. However, technical infeasibility might apply if achieving the proper slope would require extensive reconstruction or is impossible due to site constraints.

The best approach? Have a CASp evaluate the specific condition and determine whether full compliance is feasible or if alternative solutions might satisfy the requirement.

Why Is It Important to Hire a CASp Versus Someone Who Isn't Certified?

While several professionals can evaluate accessibility, only a Certified Access Specialist provides the legal protections and credibility your business needs.

Only a CASp can provide:

"Qualified defendant" legal status. This is the big one. Licensed architects, engineers, or general consultants can perform accessibility evaluations, but only a CASp inspection conducted according to California's Construction-Related Accessibility Standards Compliance Act (CRASCA) can establish qualified defendant status and its legal protections.

State certification and expertise. CASps have been tested and certified by the California Division of the State Architect to be experts in disability access laws and construction-related accessibility standards. They pass rigorous examinations covering both federal ADA standards and California Building Code requirements—some attorneys who hold CASp certification have said the CASp exam is harder than the Bar exam. It was the most difficult exam I have ever taken without a doubt.

Court-accepted reports. CASp inspection reports carry significant weight in legal proceedings. Courts, plaintiffs' attorneys, and defense attorneys all recognize the credibility of CASp reports because of rigorous certification standards.

Disability Access Inspection Certificate (DAIC). Only CASps can issue the official certificate with the California state seal that serves as proof your facility was inspected by a qualified professional. This certificate acts as a visible deterrent against serial litigation.

Comprehensive knowledge of overlapping standards. California has its own accessibility standards (California Building Code Chapter 11B) that are often more stringent than federal ADA requirements. CASps are trained to navigate this complex landscape and ensure compliance with both federal and state standards.

While hiring a non-certified consultant might seem less expensive upfront, you lose all these legal protections and benefits. You're paying for an opinion without the legal weight to protect you in litigation.

How Much Do CASp Inspections Usually Cost?

Let's break down what you can expect to pay and why it's worth the investment.

Typical CASp inspection costs:

• Small to medium commercial facilities: $1,000 - $3,000

• Average small business inspection: $1,000 - $2,000

• Typical inspection: approximately $1,200

• Large or complex properties: $10,000+

The cost varies based on:

• Size and complexity of your facility

• Age of the building (older buildings often have more issues)

• Number of elements to be evaluated

• Whether you're ordering a comprehensive report with DAIC or a basic evaluation

• Geographic location and travel requirements

Now let's put this in perspective:

A single ADA lawsuit typically costs $25,000 or more in legal fees and settlements—often much more. If you're sued, you'll likely pay:

• Your own attorney fees

• The plaintiff's attorney fees (which you may be required to pay if you lose)

• Settlement or statutory damages ($1,000-$4,000 per violation in California)

• The cost of required improvements anyway

• Lost time and stress dealing with litigation

The math is simple: Spending $1,500 on a proactive CASp inspection to avoid a $30,000 lawsuit is smart business.

Why Can't I Just Use ChatGPT For My ADA Question? Why Can't I Just Do It Myself Instead of Hiring a CASp?

I appreciate the do-it-yourself mentality—it's part of what makes entrepreneurs successful. But ADA compliance is one area where cutting corners can be disastrous. I've seen it plenty of times from my own clients where they fix things before I arrive for the inspection and they do everything wrong. This was a result of AI or ChatGPT models that they misinterpreted the scope or even the applicable code needed to comply.

Why ChatGPT and AI tools fall short:

No legal protection. ChatGPT cannot provide qualified defendant status, issue court-accepted reports, or give you any legal protections whatsoever.

Lack of true understanding. AI lacks critical thinking capabilities and cannot assess the complex, site-specific factors that determine whether your business complies with ADA standards. It doesn't understand the nuanced interplay between federal ADA standards, California Building Code Chapter 11B, safe harbor provisions, and technical infeasibility defenses.

Security and confidentiality risks. ChatGPT is not designed to protect sensitive business information. Details you enter may be shared with others, creating potential data leakage that could expose your business to liability.

Inaccurate or outdated information. AI models are trained on datasets that may include incorrect information or become outdated as regulations evolve. One mistake in your accessibility assessment could expose you to significant legal liability.

No accountability. If ChatGPT gives you wrong information that leads to continued violations and a lawsuit, you have no recourse. A certified professional carries liability insurance and professional accountability.

Why DIY assessments are risky:

You don't know what you don't know. ADA compliance involves hundreds of technical specifications covering everything from parking slopes to restroom grab bar placement to door opening forces. Missing even one critical requirement can result in a lawsuit.

Overlapping and conflicting standards. California properties must comply with both federal ADA standards and California Building Code requirements—and California standards are often more stringent. Navigating these overlapping requirements requires specialized training that takes years to master.

Historic complexity. Safe harbor provisions, technical infeasibility defenses, readily achievable standards, and alterations requirements all depend on understanding the specific history of your building and when various elements were constructed or modified. Getting this wrong can either over-require improvements you don't legally need or under-protect you from violations.

No legal protection from self-assessments. Even if you correctly identify all violations (which is unlikely without professional training), a DIY assessment provides zero legal protections if you're sued.

CASps complete rigorous training, pass extremely difficult examinations, and maintain ongoing education requirements to stay current with evolving standards. They've invested thousands of hours and several years developing expertise specifically to navigate these complex regulations. Expecting to replicate that expertise with Google searches and AI tools is unrealistic—and potentially financially catastrophic.

Do I Get Legal Benefits After I Get Sued?

This is a crucial distinction many business owners misunderstand, so let me be crystal clear about timing.

If you hire a CASp and obtain qualified defendant certification before you're served with a lawsuit:

• You receive the 90-day stay of proceedings

• You qualify for reduced statutory damages ($1,000 vs. $4,000 per violation)

• You can request an early evaluation conference

• Small businesses (50 or fewer employees) get the 120-day grace period

• You demonstrate good faith compliance efforts

If you hire a CASp after you've been served with a lawsuit:

• You do not receive qualified defendant status for that specific lawsuit

• You do not get the reduced statutory damages for that case

• You do not get the 90-day stay or early evaluation conference for that litigation

However, getting a CASp inspection after being served still provides value:

Damage mitigation. A professional CASp report can help your defense attorney negotiate lower settlement amounts by documenting actual conditions and demonstrating which alleged violations are legitimate versus exaggerated.

Comprehensive compliance. The inspection identifies all accessibility barriers on your property, not just those mentioned in the current lawsuit. This prevents you from being sued again by different plaintiffs for different violations.

Good faith demonstration. Courts view businesses that hire CASps and commit to fixing violations more favorably than those who fight without addressing underlying accessibility issues.

Defense strategy support. Defense attorneys routinely request CASp inspections as their first step in defending ADA cases because detailed technical reports provide crucial evidence for building your defense.

Future protection. While you don't get qualified defendant status for the current lawsuit, once that case is resolved and you complete recommended improvements, you can get qualified defendant status for any future lawsuits.

The bottom line: The legal benefits of CASp certification are dramatically better before you're served with a lawsuit. But even after being served, a CASp inspection is still a valuable investment that your attorney will likely recommend.

What Should I Do Right Now?

You now understand the landscape. Here's your action plan:

If you haven't been sued yet:

1. Schedule a CASp inspection immediately. Don't wait until you receive a demand letter. The qualified defendant protections only work if you act before you're served.

2. Review your commercial lease. Understand whether you or your landlord is responsible for various accessibility elements.

3. Start with low-cost improvements. While waiting for your CASp inspection, address obvious issues like faded parking striping, accessible parking signage, or blocked accessible routes.

4. Build accessibility into regular maintenance. Make checking door opening forces, maintaining level landings, and keeping accessible routes clear part of your routine property maintenance.

If you've been served with a lawsuit:

1. Contact an experienced ADA defense attorney today. You have 21-30 days to respond depending on the court, and every day counts.

2. Document current conditions immediately. Take detailed photos and measurements of all areas mentioned in the complaint before anything changes.

3. Do not contact the plaintiff or plaintiff's attorney directly. All communication should go through your attorney once you're in litigation.

4. Follow your attorney's guidance. They will likely recommend a CASp inspection as part of your defense strategy.

5. Do not ignore the lawsuit. This is the fastest path to a default judgment against you.

The Bottom Line

ADA compliance isn't just about avoiding lawsuits—it's about creating a business that serves all customers. But let's be realistic: you need to protect your business from the very real threat of predatory litigation while also doing the right thing.

The businesses I've seen suffer the most are those that bury their heads in the sand, and hoping they'll never be targeted. The businesses that thrive are those that take proactive steps to understand their obligations, prioritize improvements based on their resources, and demonstrate good faith compliance efforts.

With California seeing nearly half of all ADA Title III lawsuits filed in the United States, and with lawsuit filings continuing to increase in 2025 and beyond, the question isn't whether you can afford to invest in compliance—it's whether you can afford not to.

A CASp inspection costing $1,000-$3,000 is the best insurance policy you can buy against lawsuits that typically cost $25,000 or more. The legal protections, peace of mind, and comprehensive understanding of your obligations are worth many times the modest investment.

Don't wait for a lawsuit to force your hand. Take control of your accessibility obligations now, protect your business from costly legal exposure, and create a welcoming environment for all customers.

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.