Do ADA Violations in Florida Count as Negligence?
Brian O Sutter
Personal Injury
The (ADA) or Americans with Disabilities Act became law in 1990 and was created to provide comprehensive rights protection to those with disabilities. A disability, as defined by the ADA, is any “mental or physical impairment that substantially limits one or more of the major life activities of such individual.” Protections Under the ADA
In addition to covering those with disabilities that are considered physical or mental or inhibit a person’s daily life and activity, it also covers health impairments that may require that someone receive special treatment, services, or education due to the impairment.
• Hearing: If you experienced hearing loss and can’t perform major life activities, then you are protected under the ADA
• Vision: If objects and written materials are hard to see or you have lost your vision field or acuity, it is protected under the ADA
• Mobility: Paralysis, stroke, spinal cord injuries, and muscular dystrophy affect a person’s mobility. Many people with mobility issues must use walkers, wheelchairs, or other mobility aids and are protected under the ADA
• Learning: A learning disability can include difficulty listening, speaking, reasoning, and writing and often includes conditions like dyslexia and are protected under the ADA
What Is an ADA Violation?
The ADA guarantees equal rights for everyone in employment, accommodations, housing, and transportation sectors.
Employment Violations: Neither a public nor private company can discriminate against a person based on their disability. This includes during the hiring process, when handing out job assignments, during evaluations, when determining promotions, and when firing people.
Public Accommodation Violations: All public places must be accessible to those with disabilities. This includes restaurants, sidewalks, restaurants, etc. So, a business is in violation if they fail to install a working wheelchair ramp, there are no handicapped parking spots, no handrails, or no handicapped bathroom accommodations.
Transportation Violations: All kinds of transportation services should be made readily available for those with disabilities, including ramps, handicapped seating, and protection against harassing behavior and extra charges or fees to use public transportation services.
Housing Violations: Companies also cannot discriminate against disabled people regarding housing. This includes a sale, rental, program, and failure to design housing accommodations that are accessible.
Today, Florida has less litigation for ADA violations since the US Court of Appeal for the Eleventh Circuit overturned a ruling in Gil v. Winn-Dixie. Title III of the ADA governs the accessibility of public spaces and prohibits discrimination based on disability.
Are ADA Violations Considered Negligence in Florida?
While ADA violations in Florida can act as proof of negligence in some cases or the failure to provide the standard duty of care, they aren’t exactly considered negligent acts in all cases. If a business or company violates ADA regulations, it can be fined up to $75,000 for just one violation.
Accidents Due to ADA Violations
Fall accidents can happen when a wheelchair ramp doesn’t meet code. This can be due to a poor design or the lack of adequate maintenance. Ramps are used to provide equal access to buildings under ADA.
However, if the ramp is too steep, narrow, slippery, uneven, is without a proper landing, doesn’t have a handrail, is the wrong height or length, or lacks a curb to prevent the wheels from falling off, the wheelchair ramp is deemed unsafe and can injure someone using it.
A ramp not built to code or maintained poses a serious risk for people. If they become injured, they may be entitled to compensation and can hold the owner or operator of the business liable for any and all injury-related damages.
If you have been in an accident due to improper wheelchair ramps or a slip and fall due to ADA violations, you should consult an experienced personal injury attorney who can help you navigate the claim process.
You will have to prove that the owner or operator of the business violated the Americans with Disabilities Act, which can be difficult to prove at times without help.
The ADA guarantees equal rights for everyone in employment, accommodations, housing, and transportation sectors.
Employment Violations: Neither a public nor private company can discriminate against a person based on their disability. This includes during the hiring process, when handing out job assignments, during evaluations, when determining promotions, and when firing people.
Public Accommodation Violations: All public places must be accessible to those with disabilities. This includes restaurants, sidewalks, restaurants, etc. So, a business is in violation if they fail to install a working wheelchair ramp, there are no handicapped parking spots, no handrails, or no handicapped bathroom accommodations.
Transportation Violations: All kinds of transportation services should be made readily available for those with disabilities, including ramps, handicapped seating, and protection against harassing behavior and extra charges or fees to use public transportation services.
Housing Violations: Companies also cannot discriminate against disabled people regarding housing. This includes a sale, rental, program, and failure to design housing accommodations that are accessible.
Today, Florida has less litigation for ADA violations since the US Court of Appeal for the Eleventh Circuit overturned a ruling in Gil v. Winn-Dixie. Title III of the ADA governs the accessibility of public spaces and prohibits discrimination based on disability.
Are ADA Violations Considered Negligence in Florida?
While ADA violations in Florida can act as proof of negligence in some cases or the failure to provide the standard duty of care, they aren’t exactly considered negligent acts in all cases. If a business or company violates ADA regulations, it can be fined up to $75,000 for just one violation.
Accidents Due to ADA Violations
Fall accidents can happen when a wheelchair ramp doesn’t meet code. This can be due to a poor design or the lack of adequate maintenance. Ramps are used to provide equal access to buildings under ADA.
However, if the ramp is too steep, narrow, slippery, uneven, is without a proper landing, doesn’t have a handrail, is the wrong height or length, or lacks a curb to prevent the wheels from falling off, the wheelchair ramp is deemed unsafe and can injure someone using it.
A ramp not built to code or maintained poses a serious risk for people. If they become injured, they may be entitled to compensation and can hold the owner or operator of the business liable for any and all injury-related damages.
If you have been in an accident due to improper wheelchair ramps or a slip and fall due to ADA violations, you should consult an experienced personal injury attorney who can help you navigate the claim process.
You will have to prove that the owner or operator of the business violated the Americans with Disabilities Act, which can be difficult to prove at times without help.