Many business owners think that settling an ADA lawsuit, making repairs, or responding to complaints will solve the problem for good. However, if an access barrier is not fully resolved, it can lead to more claims under Title III of the ADA. If the issue remains after the first lawsuit, another person could file a new claim about the same or a similar problem. This means that settlement, inspection, or remediation alone does not prevent future lawsuits regarding different ADA access barriers.
Minimum Reparations May Not Be The Best Resolution
There are several ways repeat claims can happen. For example, different visitors might encounter the same barrier at the same location. It is also possible a serial plaintiff might file many lawsuits targeting businesses in the immediate area. Website accessibility problems can also affect different users at different times. A second claim might focus on a different barrier or a new person’s experience, and it may be described differently from the first claim. Common problem areas include doorways, ramps, restroom fixtures, service counters, and website features that affect online shopping or reservations.
Don’t be Rushed into Settling an ADA claim
Settling fast can put the immediate fight behind you — but if all the access barriers were never actually fixed, you’re still exposed. That’s where documentation earns its keep. Repair logs, accessibility audits, expert reports, permits, and contractor invoices don’t just sit in a file; they document the condition, what was done about it, and when. If a second claim comes in, those records allow an attorney to determine whether the plaintiff is raising something that was already corrected, something that slipped through, or something unrelated to the original dispute.
Cost pressure is another reality of ADA Title III litigation. Because the law allows courts to award attorneys’ fees and costs to a prevailing plaintiff, defending a case carries financial risk even when the business has a solid defense. That pressure is real — but settling without a broader strategy rarely solves the problem. It may close one file while leaving the door open for the next one.
If you are sued, take the claim seriously and check the specific allegations. Collect the complaint, photos of the property or website, inspection reports, and any communications with others involved. Those records tell you what existed, what was done about it, and who was on the hook. Talk to your lawyer to understand the risks and make a plan for this claim and any future ones.
Call the Wright Law Firm at (212) 619-1500 to guide you in settling your case.