To our valued customers,

That’s right, they’re back again!
We have just received three new “handicap” lawsuits in the last month, which have all been denied by the insurance companies..

We hate to sound like your mother and repeatedly nag you about this, but these type of lawsuits are NOT covered under your standard Liability/Property policies. They are a nuisance claim, but can cost you anywhere from $5K to $15K, depending on how you handle it.

We’ve previously recommended, in these newsletters, that it would benefit your business to hire a Certified Access Specialist to inspect your premises and make sure that you are in full compliance of all the existing and new handicap ADA laws (they change every year).  All you have to do is type Certified Access Specialist in Google search, to find one close to you.

Again, we strongly recommend that you do so immediately! Nothing upsets us most then telling a our good customer that there is no coverage on any lawsuit.

We have just received two new “handicap” lawsuits.

These lawsuits are from a “vision” impaired person suing because the station did not have “detectable warnings” . By detectable warning, they mean the yellow Truncated Dome Pads with the small (bumps) on them.  We’ve all seen these at every street corner (see attached picture). Well, apparently now the attorneys are aggressively pursuing these violations of the ADA law.

I'm sure most of you have heard of similar handicap lawsuits in the past, however it's important for you to know that these types of claims are NOT covered under a normal Liability policy.

We’ve previously recommended in these newsletters, that it would benefit your business to hire a Certified Access Specialist to inspect your premises and make sure that you are in full compliance of all the existing and new handicap ADA laws. In addition they will advise you exactly where these Pad need to be installed. Please consider getting these installed ASAP, to avoid potential law suits. We also stress the importance of getting these professionally installed,  because if not installed correctly, they could create a trip/fall hazard.

Again, we strongly recommend that you do so immediately!

We are always happy to keep you informed on the latest Insurance trends to help protect your business, and we appreciate your time.  Please feel free to contact your agent for any insurance questions you may have.

Thank you for being an important part of RKM Insurance Agency.

A brief history on ADA lawsuits: As most of you remember a few years back, (approx.. 3 years), most of our Gas Stations were hit claiming the keypads on the pumps were at an incorrect height. This lead to a lawsuit and thousands of dollars were spent on lowering the keypads, and more lawsuits followed after that costing thousands more. There was an uproar and I believe a California Senator, by the name of Dutton was able to pass a bill in California that put some checks and balances in place with these Attorneys and made it more difficult for them to sue.
 
Well, as you might have guessed, the attorneys have figured out a way around the California law by suing you in Federal Court instead of State Court.  In doing so, this pretty much threw the California statutes and regulations out the window.     
 
Suggested options;
 
•    Hire a Certified Access Specialist Program (CASP).  As the best option, CASP is a person who has been tested and certified by the State.  You can hire a CASP to assess any ADA deficiencies.  The big advantage is, if you comply with the recommendations that the CASP provides, you are then entitled to a 90 day hold on any legal proceeding and possible early evaluation conference.         You can go on line type in 'CASP" in your area, for more information.
•    Getting insurance - not the best option, as it is hard to find coverage, it’s expensive and the deductibles range from $10,000 to $25,000.
•    Do nothing, get sued and then hire an Attorney.  This would be the worst option.
 
The most common ADA violation we see today at our gas stations is the handicap parking.  Page 5 of the attachment talks about the space needed.  Just visited one of our customers this week, the station had the van access on the left side of the ADA parking space. This is a violation.  The law pretty much states, there needs to be a, one 8 foot marked ADA parking space in blue and on the RIGHT another 8 foot blue striped area for a van access with a wheel chair mechanism.
 
Here are a few other violations RKM has run across with some of our gas station customers;
Mirrors too high in the bathroom
Coat hangers/hooks too high in the bathrooms
ALL isles in the mini marts need to be 36 inches wide, (at 35 inches you’re in a lawsuit)
Cash counter is too high for an ADA person to reach up and pay...and the list goes on.
 
By hiring a CASP which costs around $500 to $800, may end up saving you thousands of dollars, as well as saving you time and frustration.
 
We are always available for any additional questions you may have.