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Question About Barrier Removal. Do I Have To Pay Or Does The Landlord Have To Pay?

By admin Posted in: mental

I am being sued by a disabled person because I have a step outside of my restaurant. He cannot go over this step with his wheelchair.
I have leased this building for about 5 years, but the owner of the property has been operating it for a very long time (some time prior to the 1990 American’s with Disabilities act).
The guy suing me is running a scam where he is suing dozens of businesses who have a barrier such as a step infront of their restaurants.
Under the law, the building is considered a joint operation between myself who runs the retaurant and leases the property, and the owner of the property. It says it is between us to decide who pays for the barrier removal and this guy’s monetary damages he is seeking (no less than $4,000) for mental distress and “embarrasement”. It was not readily achievable for me to put the ramp up when he first requested it, but I have since installed the ramp. While the ramp was not yet installed, I took his order at the door and brought his food to him outside of my restaurant. This is deemed acceptible under the ADA regulations as an “alternative” means of providing him service while the barrier removal was “delayed” due to financial reasons.
My question: The property owner is saying I, the one leasing the building for my restaurant, am the one who should incur the full cost of the barrier removal and the monetary damages this man is seeking. The law says that it is between the two of us to decide who pays. Since he owns 50 properties, isn’t it more “readilly achievable” for him to pay for at least some of this than I, who make only a marginal income from my business?
How do I go about getting him to pay half or more of the cost? Do I have to take him to small claims court?
I would like to do this without a lawyer, but should I retain an attorney just in case, even though it will bring additional cost to this whole matter?
Edit: I make a small amount each year (roughly $50k), and only have 5 employees, all of which are my family members.

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  1. kemperk Says

    put down a temp ramp, wood or metal. Cost you $50.
    remove it when the client leaves and store it.

  2. Iffy Says

    You as a tenant do not have the legal right to alter the building. Call your insurance company and have them fight for you. The owner of the building is the only one permitted to make alterations to his property.

  3. aliciali Says

    Check with your lawyer, but I would say it is you, the business owner. Why should the owner of the building make it accessible to people in wheel chairs….the person renting the space could just as easily be using it for private work space and not even have the door unlocked to the public, there by making it unnecisary for a ramp. That means it is the the business owners responsability based on weather what they are using the premises for is something that requires customers to enter.
    I just read the above posters answer and I would have to agree with that too. This is definately a case for asking a lawyer and your insurance company.

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