What Is an ADA "Drive-By" Lawsuit and How Can Nevada Businesses Avoid One?

How drive-by lawsuits work

A plaintiff or investigator visits or photographs a property, lists technical violations, and files suit or sends a demand letter. Many cases target parking lots and entrances because they can be documented from the street. The defendant is often a small business or the landlord of a strip center.

What plaintiffs can recover

Title III allows private plaintiffs to obtain injunctive relief — an order to remove barriers — and reasonable attorney's fees and costs. Federal law does not provide private money damages under Title III, but fees accrue quickly, and some state laws add damages. That fee exposure is why many businesses settle early.

Common targets

• Missing or incorrect van-accessible parking signs
• Access aisles that are too narrow or unmarked
• Parking spaces or ramps with excessive slope
• Curb ramps without detectable warnings or handrails
• Entrance doors that are too heavy or have knob hardware
• Restrooms without proper grab bars or clearances
• Counters that are too high

How to avoid a drive-by lawsuit

• Commission an accessibility audit by a qualified inspector
• Fix parking, signage, and entrance issues first — they are the most visible
• Document repairs with dates and photos
• Clarify in your lease who is responsible for ADA compliance
• Train staff on service animals and accessible service
• Review your website and online booking for accessibility

If you receive a demand letter or complaint

Do not ignore it, and do not pay before review. An attorney can assess standing, whether the barriers exist, whether they have been remediated, and whether the claim may be moot after repairs. Fixing barriers quickly can limit fee exposure. Coordinate with your landlord or tenant, since both may be named.

Landlords and tenants share exposure

Under the ADA, both the owner of a property and the tenant operating a business can be responsible for compliance. Your lease controls who pays, but not who can be sued. Chris Sullivan reviews these issues from both the compliance and real estate sides.