Legal Question in Disability Law in California

I am California licensed who had designed a retail store for a client in a shopping mall in 2005.

In September of 2009 my client was sues by a person for violation pertaining to the fitting room. At the same time several other businesses along with the mall were sued by the same person.

My client had employed a licensed contractor to build the store in 2005.

The city building department had approved the drawings for the project and signed of on the final inspection.

My former client who is a defender in the law suit has hired an attorney who wants to be a party to the litigation. The same attorney is claiming that he is representing several clients pertaining to the sampe matter.

The store was designed per city codes .

I have received a letter addressed to me and the contractor along with copy of the original law suit involving numerous parties asking us to indemnify the client for all matters pertaining to the law suit.

What should by defense in this lawsuit.

I have over 30 years of experience and have designed hundreds of similar projects and has never had any issues pertaining to the �ada � issues before.

Advice in this matter will be greatly appreciated.


Asked on 9/28/09, 4:47 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If you have an errors and omissions carrier, you might provide the correspondence and lawsuit to it, and tender your defense. I would imagine that the complaint alleges that the doorways are not wide enough for a wheelchair, and that there might be a bit of an incline without railings, etc. These might be legitimate claims. However, there might be legitimate defenses as well, including year of construction and cost of modification. Lawyers intimately familiar with the Americans With Disabilities Act (ADA) should represent you and the store to provide you and the court with the most up-to-date thinking on the subject. While some people might be angry that some lawyers are targeting a large number of stores with lawsuits, there are others who say that modifications are necessary to make all public places accessible to persons with disabilities.

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Answered on 9/28/09, 4:55 pm
Terry A. Nelson Nelson & Lawless

Advice? Hire an attorney to defend the lawsuit you are now confronted with. That's what indemnity means. If you have E&O insurance, turn it over to them to hire the attorney. If you don't feel free to contact me for the legal help you'll need. If the amount being demanded is small, then your attorney will advise you whether to settle rather than pay attorney fees. If not small, he'll defend using whatever defenses in fact or law that you may have.

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Answered on 9/29/09, 2:14 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

If you do not have insurance, then contact me directly.

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Answered on 9/30/09, 1:40 pm


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