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ADA Title III Lawsuits: 2026 CASp Readiness Guide

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ADA Title III Lawsuits: 2026 CASp Readiness Guide

Blog: ADA Title III Lawsuits: 2026 CASp Readiness Guide
October 25, 2025 |

ADA Lawsuits Rising

The Rising Wave of ADA Lawsuits ADA Title III lawsuits have continued to rise nationwide, and California remains one of the most active states. Claims frequently focus on barriers that affect everyday access—parking, routes, entrances, counters, seating, and restrooms—making routine conditions at brick-and-mortar locations a prime area of scrutiny. Looking ahead, 2025–2026 forecasts indicate sustained enforcement and steady filing activity. Businesses that assess their sites proactively, document findings, and execute a prioritized plan tend to reduce exposure and avoid repeat violations.

What Is ADA Title III and Who Does It Affect?

Title III of the Americans with Disabilities Act applies to places of public accommodation—most private businesses that serve the public, such as retail, restaurants, offices, medical and professional services, lodging, fitness, and entertainment. It requires equal access to goods and services in the built environment, including accessible parking, routes of travel, entrances, customer service areas, seating, and sanitary facilities. A common misconception is that older buildings are “grandfathered.” They are not. The law uses a “readily achievable” standard—barriers must be removed when it is easily accomplishable without much difficulty or expense. Another misconception is that small businesses are exempt. While resources influence what is readily achievable, small businesses still have obligations and benefit from a clear, documented plan to address priority items.

Blog: Element #1

Why ADA Lawsuits Are Increasing

Plaintiffs and inspectors can quickly verify many physical conditions, which makes common site issues frequent targets. Typical problem areas include accessible parking layout and signage, slopes and cross-slopes on routes and ramps, door hardware and opening forces, counter and transaction surface heights, maneuvering clearances, seating dispersion, and restroom elements such as grab bars, clear floor space, lavatory knee/toe clearances, dispensers, and mirror heights. From 2024–2026, enforcement and filings are expected to remain strong. High-volume plaintiffs continue to focus on straightforward, measurable barriers. Sites that lack current measurements, recent assessments, or a phased remediation plan are more likely to face repeated claims until barriers are corrected and verified.

Blog: Element #2

The Cost of Noncompliance

In California, typical settlements for Title III claims often range from about $4,000 to $10,000, with potential for higher totals once attorney’s fees and remediation commitments are factored in. Multiple claims at the same site can escalate costs quickly. Hidden costs can exceed the settlement itself: operational downtime during fixes, negative press or online reviews, staff time diverted from core activities, disruption to customers, and the risk of repeat violations if issues are only partially resolved. Proactive planning is almost always less expensive than reactive repairs under legal pressure.

Blog: Element #3

How to Stay Ahead of Title III Changes in 2026

Schedule periodic CASp inspections to create a defensible, prioritized roadmap. A Certified Access Specialist documents existing conditions, identifies noncompliant elements, and sequences barrier removal so improvements align with budgets and operations. Update your accessibility plan annually. Re-measure high-risk areas (parking, routes, entrances, and restrooms), confirm completed items, and adjust timelines as projects finish or new conditions arise. Maintain records of assessments, contractor work, and staff training to demonstrate good-faith efforts. Partnering with experienced specialists, such as Building Principles, brings clarity and consistency. A knowledgeable team can help verify field measurements, coordinate practical fixes, and track progress so your site stays compliant as standards and expectations evolve through 2026.

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Key Takeaways

Compliance now means peace of mind later. The most cost-effective path is proactive: identify physical barriers early, create a phased plan, verify corrections, and refresh your assessment annually to stay protected in 2026.

Blog: Element #5
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We as a society are morally obligated to provide proper accessibility for the disabled. At Building Principles, we believe that most business owners have every intention of making their business fully accessible. Our CASp Inspectors aim to help those business owners with the best intentions provide an accessible place to purchase goods and services for everyone. By creating an accessible environment, you send a message to the almost 26% of Americans living with disabilities that you care and can positively affect your business.

If you are looking to get your business ADA compliant and want protection from costly ADA lawsuits. Don't hesitate and give us a call or contact us at the link below to get a quote for your business, and see how we can get your business accessible and protected today.

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