Penalties for ADA Violations

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Violating the American's with Disabilities Act can result in serious costs and consequences for property owners. Penalties and legal remedies for violations include:

• Injunctions. An injunction is a court order that requires a person to do something or refrain from doing something. In the context of the ADA, a property owner who is found in violation may be ordered to install ramps, modify entrances or otherwise comply with the ADA.
  
• Actual and punitive damages. If a plaintiff can show that he or she suffered damages as a result of the violation, the owner may be ordered to pay money as compensation (actual damages). In some cases, the owner's violations may be so flagrant or in such bad faith that a court will order him or her to pay extra money as punishment (punitive damages).
  
• Civil penalties. The ADA itself sets monetary damages.

Up to $50,000 for the first violation;

Up to $100,000 for subsequent violations.

• Attorney fees. In some cases, a property owner who violates ADA may be ordered to pay the plaintiff's attorney fees.

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