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Ws2006

Junior Member
California
I have a nail salon which I opened in 1999. A month ago someone with a kane came in and used my bathroom and purchased nail polish also.

Today I got a letter from the court saying the guy was sueing me for not meeting Handicap regulations. He said I violated 4 things and is sueing me for $20,000.

I am leasing the spot and have never heard such a thing. Does the guy have a case? Am I not grandfathered in?

Thank you!
 
Last edited:


cyjeff

Senior Member
This is one of those cases where someone sues you to see how much you will pay.

Get an attorney to respond to the letter you received.

As to your other question, no... after a decade or so, you aren't grandfathered anything.

What were the four violations?
 

cyjeff

Senior Member
Okay... I guess that when you mentioned a "kane" (I think you mean cane).

What, exactly, are the violations he is suing you for and is the state/fed joining in?
 
W

Willlyjo

Guest
California
I have a nail salon which I opened in 1999. A month ago someone with a kane came in and used my bathroom and purchased nail polish also.

Today I got a letter from the court saying the guy was sueing me for not meeting Handicap regulations. He said I violated 4 things and is sueing me for $20,000.

I am leasing the spot and have never heard such a thing. Does the guy have a case? Am I not grandfathered in?

Thank you!
In California, the law says a business has to have accommodations for the handicapped. Such as so many "handicapped parking spaces" per X amount of parking spaces, a restroom that accommodates handicapped people, etc...

Tell us what 4 things he says you violated.

It is true there are many small business that do not accommodate the handicapped. Thus, there are people taking advantage of this fact. You need to have an attorney look at this letter full of allegations to see if you are in compliance or not.
 

Ws2006

Junior Member
2 i remember was,

Not having a ramp
and the bathroom being too small

I understand if this is for new businesses but i opened way before and never had to deal with this. If the city never told me then shouldnt they be responsible or the landlord?
 
W

Willlyjo

Guest
2 i remember was,

Not having a ramp
and the bathroom being too small

I understand if this is for new businesses but i opened way before and never had to deal with this. If the city never told me then shouldnt they be responsible or the landlord?
It may be possible for the landlord/owner to be liable for any non-compliance issues since they are the ones that made the space available for business purposes. You may want to get together with the landlord/owner and see what needs to be addressed here. It is likely that someone IS liable here because the handicapped must be accommodated under Ca. law.
 

OHRoadwarrior

Senior Member
I would investigate your lease to see if it assigns responsibility. If it does not, your landlord could be a culpable as you, for liability.
 

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