Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.
Impact
The bill's amendments create a framework that clearly delineates the responsibilities of small businesses in relation to disability access. By establishing that claims for statutory damages cannot proceed without prior notification and an opportunity for remediation, AB 780 aims to reduce frivolous claims and leverage a corrective approach. This change is particularly relevant to small businesses as it recognizes their vulnerabilities and provides a path to compliance rather than punitive damages. The bill, however, still maintains the overall goals of ensuring accessibility and can potentially reduce the burden on small businesses while still holding them accountable for genuine accessibility issues.
Summary
Assembly Bill 780, introduced by Assembly Member Castillo, seeks to amend Section 55.56 of the California Civil Code regarding disability access and construction-related accessibility claims. The bill primarily targets the liability of defendants in such claims, specifically addressing the conditions under which they can be held liable for statutory damages related to violations of accessibility standards. One of its significant provisions is that it prohibits claims for statutory damages from being initiated against defendants who employ 50 or fewer individuals unless they have been notified of specific violations and given 120 days to rectify them. If defendants correct the alleged violations within this period, they are exempt from liability for statutory damages, attorneys' fees, or costs associated with the claim.
Contention
One notable point of contention surrounding AB 780 is its balance between protecting small businesses from excessive litigation and the potential undermining of consumers’ rights to seek redress for accessibility violations. Proponents argue that the bill will alleviate undue pressure on small businesses and enhance their ability to comply with access standards without facing immediate financial penalties. Critics, however, express concerns that the restrictions on initiating claims could create obstacles for individuals with disabilities, as it may hinder their ability to address and remedy violations promptly. The bill essentially aims to amend existing laws by adding layers of requirements that may complicate the process of seeking justice for violations, thus creating a debate over the effective enforcement of accessibility standards.