By Parker Atkins, PE, RAS Professional Engineer | Registered Accessibility Specialist | ADA Defense Expert Witness This article outlines some of the recurring technical and strategic issues observed in ADA Title III defense matters and provides practical guidance for attorneys, insurance professionals, and property owners seeking to manage exposure, control costs, and achieve defensible outcomes. Assuming Compliance Based on Age or Prior Permitting Many property owners assume

If you own a building or facility that is a Public Accommodation and was built before July 26, 1992, the enforcement date for Title III of the Americans with Disabilities Act (ADA), then the building or facility is considered an “Existing” structure and you are required to remove barriers to the extent that it is Readily Achievable to do so. A conservative estimate is around 5-7 million businesses were affected when the ADA regulations took effect in 1992, and it applies to p

Combining over three decades of engineering experience with accessibility specialization and real estate development insight to help law firms and commercial property owners manage ADA risk and respond effectively to litigation. ADA Defense Litigation Is on the Rise ADA lawsuits are increasing nationwide, and many stem from opportunistic claims that pressure property owners into costly settlements. This pattern often resembles white-collar extortion: pay plaintiff counsel to