Practice
ADA Accessibility Defense for Property Owners and Businesses
Overview
Defending disability-access claims
For more than 13 years, Jeff Bolender has defended property owners, landlords, commercial tenants, and businesses against disability-access lawsuits and demand letters. These claims are often filed in volume, move quickly, and can carry statutory damages and attorney-fee exposure that exceeds the cost of the underlying repairs. The decisions made in the first weeks of a case often determine how expensive it becomes.
Because the firm's core practice is insurance coverage, it evaluates from the start whether a general liability or other insurance policy may provide a defense, and tenders the claim when it does.
Claims defended
Accessibility claims the firm defends
ADA Title III lawsuits
Federal-court claims alleging barriers at places of public accommodation, including parking, paths of travel, entrances, restrooms, and service counters.
California Unruh Act and Disabled Persons Act claims
State-court claims seeking statutory damages for each alleged visit or deterrence, often paired with federal ADA allegations.
Pre-lawsuit demand letters
Evaluation of and response to demand letters before a lawsuit is filed.
Landlord and tenant allocation
Allocating responsibility for alleged barriers and defense costs between owners, landlords, and tenants under the lease.
Approach
How the firm handles an accessibility case
- 1
Evaluate the complaint, the property, and the plaintiff's litigation history.
- 2
Tender the claim to available liability insurance and evaluate coverage.
- 3
Coordinate an inspection by a Certified Access Specialist (CASp) and a remediation plan.
- 4
Pursue early resolution, or defend the case through motion practice, mediation, and trial.
Important notice
Outcomes depend on the property, the facts, the claims asserted, and applicable law. Deadlines to respond to an accessibility lawsuit are short. Reviewing this page does not create an attorney-client relationship, and the firm cannot protect a deadline unless it has agreed in writing to do so.