Governor Brown Helps Small Business from Lawsuits, Signs SB1186
Governor Brown helps Small Business from Lawsuits and gives them a chance to stay in business by getting ADA Survey done and plan for any fixes to their properties or business which helps them resolve any barriers and resolve any litigation. But you must not wait to get sued, you need to get your business or property surveyed and have in place a Transition Plan.
Los Angeles, CA, October 03, 2012 --(PR.com)-- Governor Brown helps Small Business from Lawsuits and gives them a chance to stay in business by getting ADA Survey done and plan for any fixes to their properties or business which helps them resolve any barriers and resolve any litigation. But you must not wait to get sued, you need to get your business or property surveyed and have in place a Transition Plan.
Small-business owners have finally scored a victory against the onslaught of drive-by Americans with Disabilities Act lawsuits with the signing yesterday by Gov. Jerry Brown of Senate Bill 1186.
“This new law is a significant step towards providing struggling small-business owner’s relief from the numerous lawsuits leveled against them for ADA access issues,” said Darryl LaBate, of BASE Architecture. “SB 1186, by Senators Darrell Steinberg and Bob Dutton, ends the practice by attorneys of sending ‘shakedown’ letters to unsuspecting businesses.”
The new law, which goes into effect immediately, prohibits pre-litigation “demand for money” letters, and requires that any intent to sue letter must be sent at least 30 days prior to filing a lawsuit and must include the specific access problems and date of violation so that business owners will know why they are being sued. It also prevents litigants from filing multiple claims to increase monetary damages resulting from return visits to a business with a known problem.
The law also provides 60 days for a small business that has been inspected by a Certified Access Specialist to fix an access issue and cuts the minimum fine from $4,000 down to $1,000. Other small businesses will get 30 days and a minimum $2,000 fine. Previously, California law did not allow any time frame in which to address a problem. SB 1186 also implements some additional reforms.
“All it takes is one lawsuit to put a small business out of business permanently,” Mr. LaBate continued. “We are pleased and inspired that the Legislature chose to address this enormous problem and that the governor pushed for the reforms.”
A recent study of small businesses showed that more than one-third of small business owners have been sued in the past five years and nearly 6 in 10 have been threatened with a lawsuit during the same period, and more than three quarters of business owners fear that their business will be sued in the next five years. Nearly 40 percent of ADA lawsuits in the nation are filed in California.
Mr. LaBate adds, do not wait until you get sued, the courts will not have the same leniency. You will have had enough time to get your business in order. To contact Mr. LaBate 310.988.1080
Small-business owners have finally scored a victory against the onslaught of drive-by Americans with Disabilities Act lawsuits with the signing yesterday by Gov. Jerry Brown of Senate Bill 1186.
“This new law is a significant step towards providing struggling small-business owner’s relief from the numerous lawsuits leveled against them for ADA access issues,” said Darryl LaBate, of BASE Architecture. “SB 1186, by Senators Darrell Steinberg and Bob Dutton, ends the practice by attorneys of sending ‘shakedown’ letters to unsuspecting businesses.”
The new law, which goes into effect immediately, prohibits pre-litigation “demand for money” letters, and requires that any intent to sue letter must be sent at least 30 days prior to filing a lawsuit and must include the specific access problems and date of violation so that business owners will know why they are being sued. It also prevents litigants from filing multiple claims to increase monetary damages resulting from return visits to a business with a known problem.
The law also provides 60 days for a small business that has been inspected by a Certified Access Specialist to fix an access issue and cuts the minimum fine from $4,000 down to $1,000. Other small businesses will get 30 days and a minimum $2,000 fine. Previously, California law did not allow any time frame in which to address a problem. SB 1186 also implements some additional reforms.
“All it takes is one lawsuit to put a small business out of business permanently,” Mr. LaBate continued. “We are pleased and inspired that the Legislature chose to address this enormous problem and that the governor pushed for the reforms.”
A recent study of small businesses showed that more than one-third of small business owners have been sued in the past five years and nearly 6 in 10 have been threatened with a lawsuit during the same period, and more than three quarters of business owners fear that their business will be sued in the next five years. Nearly 40 percent of ADA lawsuits in the nation are filed in California.
Mr. LaBate adds, do not wait until you get sued, the courts will not have the same leniency. You will have had enough time to get your business in order. To contact Mr. LaBate 310.988.1080
Contact
BASE Architecture
Darryl Labate
310.988.1080
www.base-architecture.com
Darryl Labate
310.988.1080
www.base-architecture.com
Contact
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