Ensuring your commercial property is ADA compliant goes far beyond the interior of the building. Exterior elements like parking, signage, striping, and exterior paths of travel play a crucial role in keeping your property accessible—and more importantly, helping you avoid lawsuits.
You’ve probably heard about the rise in single plaintiff ADA lawsuits, where individuals or their attorneys actively seek out non-compliant properties to file lawsuits. The cat and mouse game of these lawsuits often starts with easy-to-spot exterior issues like missing signage, non-compliant parking spaces, or pathways. The reality is that getting your exterior compliance in order is one of the simplest ways to protect your business. And the key? Signage, signage, signage!
Let’s break down how to avoid these costly mistakes and stay ahead of the game.
1. Parking Spaces and Striping
One of the most common targets in ADA lawsuits is accessible parking. If your parking spaces aren’t correctly marked, lack proper access aisles, or exceed slope limits, you’re making yourself an easy target for a lawsuit.
What to Check:
• Ensure you have the correct number of accessible spaces based on your lot size.
• Van-accessible spacesshould have a minimum 8-foot wide access aisle.
• The slope of parking spaces and aisles should not exceed 2%. If they do, applying an asphalt overlayis a simple fix to bring the slope back into compliance.
• Make sure striping and markings are clear and visible. Faded lines or missing symbols make you a prime target for legal action.
How to Avoid Problems:
• Regularly repaint faded striping and ensure the International Symbol of Accessibilityis clearly displayed.
• Double-check that your van-accessible spaces have the correct width and are properly marked.
• If the slope is off, applying an overlayto level it out is often the best solution.
2. Signage, Signage, Signage
Here’s the thing: signage is probably the easiest—and most often overlooked—aspect of ADA compliance. And yet, missing or incorrect signage is the number one issue that leads to these single plaintiff lawsuits.
What to Check:
• Accessible parking spacesneed proper signage that includes the International Symbol of Accessibilityand a note about fines for improper use.
• Tow-away signageshould be up to date and include the towing company’s name, address, and phone number.
• Ensure signs are mounted at the correct height (typically 60 inchesfrom the ground) and are easily visible, even in low light or harsh weather.
How to Avoid Problems:
• Do a walkthrough of your property and double-check that every accessible spacehas clear signage in place.
• Update any outdated or missing tow-away signs to avoid costly violations.
• Signage is your best defense against these opportunistic lawsuits, so make sure it’s visible, well-maintained, and compliant with all standards.
3. Exterior Path of Travel
Another common trap in ADA lawsuits is the exterior path of travel—the route leading from the public right-of-way (PROW) or parking lot to the building entrance. The path needs to be accessible and free of barriers, such as excessive slopes, narrow walkways, or abrupt changes in level.
What to Check:
• Paths should be at least 48 inches wideand clear of any obstacles.
• Ensure the slope of the path is no greater than 5%and the cross slope doesn’t exceed 2%.
• If the facility is only used for vehicular access (like a drive-thru or a warehouse), and there’s no pedestrian traffic, ADA exemptionsmay apply, and you may not need an accessible path from the public right-of-way.
How to Avoid Problems:
• Keep walkways clear and make sure they meet the necessary width and slope requirements.
• If your property doesn’t serve pedestrians, ensure it’s clear that the facility is vehicular-onlyto avoid unnecessary lawsuits.
The Cat-and-Mouse Game of Single Plaintiff Litigation
If you’ve been in commercial real estate for a while, you’ve probably seen or heard about the surge of single plaintiff lawsuits targeting properties for ADA violations. These lawsuits often focus on easily identifiable issues—think missing signage, improper parking striping, or non-compliant paths of travel.
The good news is that most of these issues are exterior and easy to fix before they escalate into a lawsuit. The best strategy is to be proactive: regularly check your property’s exterior, keep signage up to date, and ensure parking spaces and paths of travel are compliant.
And remember: signage is your first line of defense. It’s not just about avoiding lawsuits—it’s about making sure your property is accessible to everyone.
By focusing on the basics—signage, parking, and paths of travel—you can avoid falling into the trap of ADA lawsuits and ensure your property is accessible and compliant. Regular maintenance and quick fixes, like repainting stripes or installing new signs, can save you from major legal headaches down the road. Stay proactive, and you’ll stay protected.
