What Are the Legal Consequences of Non-Compliance with ADA Knee Clearance?

When people with disabilities are unable to access public spaces easily, it becomes a burden to them and those around them. That’s why the Americans with Disabilities Act (ADA) was established to ensure that everyone enjoys easy access. One major aspect of ADA compliance involves knee clearance requirements, which are important for accessibility, especially for wheelchair users. Failure to meet these requirements can have serious legal consequences on you as a business owner.

Legal Consequences of Non-Compliance with ADA Knee Clearance

Understanding ADA Knee Clearance Requirements

According to the knee clearance ADA guidelines, there should be enough space under fixtures like sinks, tables or counters to allow people in wheelchairs to use these facilities comfortably. 

The ADA requires at least 27 inches of vertical clearance from the floor to the bottom of the surface and 17-25 inches of depth for easy accessibility. These measurements ensure that wheelchair users can approach and use these spaces without any hindrance.

Legal Consequences of Non-Compliance

  1. You’ll be required to pay fines and penalties

One of the most immediate consequences of failing to meet ADA requirements is paying fines. ADA compliance is backed by The Department of Justice and can impose civil penalties on businesses or property owners that fail to comply with the requirements. For a first offense, you can be asked to pay up to $75,000. Subsequent violations can lead to penalties as high as $150,000.

  1. You’ll face lawsuits and legal costs

Non-compliance with ADA standards can result in lawsuits from people who feel discriminated against due to inaccessible spaces. These lawsuits can lead to expensive legal costs including court costs, attorney fees and may settlement fees. Even if you eventually become compliant, the financial and reputational damage from lawsuits can have a great negative impact on your business.

  1. It can damage your reputation 

In today’s society, your reputation can either make or mar your business, and accessibility is a major part of your business’s public image. Non-compliance with ADA standards can damage your business’s reputation, leading to a loss of trust among customers and the community. Negative publicity from lawsuits or complaints can drive potential customers away from your business which will affect your profitability.

  1. You may lose your business license or permits

In some cases, when you repeatedly violate ADA standards, your business licenses or permits can get suspended or revoked. Local building inspectors often conduct inspections to ensure compliance and failure to meet these standards can lead to temporary or permanent shut down of your business.

Conclusion 

The legal consequences of not meeting up with ADA knee clearance can be severe and it is something you shouldn’t have to deal with as a business owner. Ensuring that your business space is accessible is the right thing to do, and will cost you less in the long run. Because then you won’t have to pay legal fees, or renovation fees. You should also work with experienced contractors who are familiar with ADA standards to prevent mistakes that may lead to legal consequences.

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