Many times funding isn’t available in the current budget year to make improvements to your property. In planning for the future, the best practice is to get your property estimated for potential liabilities and repairs that need to be done in the next budgetary period. But what happens if there is an injury on your property due to trip hazards and damaged sidewalks before you can make the identified repairs? In order to protect yourself from claims of negligence we offer free certificates of inspection for your property that state you are aware of the potential liabilities on your property, and that you have budgeted to fix them within a reasonable time frame. Make sure you are documenting that a safety inspection has been completed on your property with our proprietary CERTIFICATE OF INSPECTION. This can be used in defense of any potential injury claims again your property.
Get Your Property Certified
Sidewalk Safety has partnered with certified CASp inspectors in your area that can verify that our work performed on your property is within ADA regulations. The Certified Access Specialist program was created by Senate Bill 262 (Chapter 872, 2003) and is designed to meet the public’s need for experienced, trained, and tested individuals who can inspect buildings and sites for compliance with applicable state and federal construction-related accessibility standards. They can also help to point out any other recommendations not related to our scope of work for a separate fee. Once the inspector has reviewed our work, we can then provide you with a certificate stating that we have completed the suggested repairs to your property. This document can be used to provide evidence, in defense of a claim, that the owner or manager of your property was not negligent or ignorant of the property’s condition. Contact us to find out more about our partnership with the Division of the State Architect (DSA) and the Certified Access Specialist program.
The goal of Senate Bill 1608 and 1186, the law that governs CASp is to encourage owners to make their properties accessible to the disabled community and grant protection from what is commonly referred to as “shakedown lawsuits”. By getting CASp inspected, regardless of the results, you will be granted “Qualified Defendant” status which grants you special legal rights against accessibility related lawsuits. If your business facility is open to the public, then it must be accessible to individuals with disabilities. Misconceptions about these standards may leave you unsure about the compliance of your facility. Let’s set the record straight:
A ninety day stay of a lawsuit would place a three month freeze on the prosecution’s case, where they would be able to rack up attorney fees that you would otherwise be responsible for. This would also give you time to correct any violations and ask for a dismissal. Mandatory Early Evaluation Conference (EEC) within 35 days.
The plaintiff must provide basis of claimed violation as cost 15 days prior to Early Evaluation Conference.
Minimum statutory damages could be reduced from $4,000 per occurrence to $1,000 per occurrence.
By displaying you certificate of inspection, it will discourage an attorney from identifying your property as an “easy target”. (Over 90% of accessibility related lawsuits are settled. The goal of a shakedown lawsuit is to force you to settle without having to spend the time and effort to fight you in court)
After you are inspected, you have an opportunity to make a plan to correct any issues found and then add costs into your upcoming budgets rather than getting blindsided with the legal and construction expenses.