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Why You Need an Experienced New York ADA Defense Lawyer 

If you are facing a lawsuit or complaint under the ADA, it is important to seek the guidance of a New York City ADA defense attorney. An experienced ADA lawyer like Nolan Klein can help you:

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• Understand your obligations under the ADA and other applicable disability laws. 

• Develop policies and procedures to ensure compliance with the law. 

• Respond to complaints or lawsuits filed against your company. 

• Defend your company in litigation, if necessary.

A New York ADA defense lawyer can also help you navigate the complex legal landscape surrounding disability rights and accommodations. They can review your policies and procedures to ensure they are in line with current laws, as well as provide advice on how to handle requests for reasonable accommodation.

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New York ADA Litigation Defense Options 

Whether your business has been targeted by a legitimate or a drive-by ADA lawsuit, there are several defense options available to you. They include:

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• Lack of standing: To have legal standing to file an ADA lawsuit, the plaintiff must have visited the business in question and experienced discrimination firsthand. If they cannot prove this, then their case may be dismissed.

• Good faith effort: If your business has made a good faith effort to comply with the ADA, then you may have a valid defense against these lawsuits. This means that you have taken reasonable steps to make your business accessible and have a plan in place for further improvements.

• De Minimis defense: This defense applies in cases where the ADA violation is minor and does not cause significant harm or inconvenience to individuals with disabilities. In these situations, courts may find that the violation is too insignificant to warrant a lawsuit.

• Reasonable accommodation: If a plaintiff with a disability requests accommodation that would not impose an undue hardship on your business, then you may be required to provide it. However, this does not mean that you have to make major structural changes or spend exorbitant amounts of money.

• Settlement: In some cases, it may be in your best interest to settle the lawsuit rather than going to trial. This can help you avoid costly legal fees and potential damages if the case goes against you.

• Counterclaims: If a drive-by ADA lawsuit is determined to be frivolous or filed in bad faith, you may be able to file a counterclaim for damages such as legal fees and lost business. This can serve as a deterrent for future lawsuits of this nature.

• Business exemptions: There are certain businesses that are exempt from ADA compliance, such as private clubs and religious organizations. If your business falls into one of these categories, you may have a valid defense against an ADA lawsuit.

An ADA attorney in New York City can help you navigate these different defenses and determine the best course of action for your specific situation. They can also assist in developing a plan to make your business more accessible and prevent future lawsuits.

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If you are facing an ADA lawsuit or want to ensure your business is compliant with the law, schedule a consultation with Nolan Klein today. He will provide personalized and strategic legal advice to help you navigate this complex area of law and protect your business from costly lawsuits.