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Minnesota Latest State to Consider New Law Limiting ADA Lawsuits

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California has been in the news lately for a new bill recently signed into law that places some limitations on ADA lawsuits. The state had a terrible problem with frivolous lawsuits costing small business owners a significant amount of money, and California’s new law gives them more time to correct issues before they need to pay fines for noncompliance.

Now Minnesota looks ready to follow in California’s footsteps. Minnesota, too, has apparently grown tired of the growing amount of lawsuits filed against its small businesses centered on ADA violations. With a record amount of ADA lawsuits filed in the last year, Governor Mark Dayton determined the time was right to put this new bill into law.

One attorney out of Rochester, Minnesota says many of the lawsuits that have been popping up in recent years have completely surprised the business owners who were targeted. In such cases, these business owners did not have enough time to make the adjustments necessary to be compliant while avoiding a significant fine. These fines, when large enough, can severely damage a company that does not have a lot of cash flow to work with.

Under the new Minnesota ADA law, parties must present a “content of demand letter” before they are to file a lawsuit. This will give businesses an opportunity to fix all the problems listed before the lawsuit can proceed. If the specific window of time passes and the fixes have not been made, then the lawsuit can proceed as normal and the business could be subject to fines and other penalties.

While the general movement across the nation right now seems to be to provide a little more leniency toward business owners in terms of ADA lawsuits, it is still important to be as proactive as possible with ADA compliance. Business owners should familiarize themselves with all of the rules outlined in the ADA and make sure they are up to ADA standards throughout their properties. This means proper accessibility, handrails, signage and more.

For more information about getting ADA signage for your company, contact the team at Erie Custom Signs today.

Filed Under: ADA News

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