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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 45682
Experience:  32 years of experience practicing law and a businessman.
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I own a business. A customer came in pushing a wheelchair then

Customer Question

I own a business. A customer came in pushing a wheelchair then sat in it. After a ew minutes I noticed that there were black streaks on the carpet. I asked if the chair was new and was told no and I said look your chair is leaving black marks on the carpet. They left and the next thing I know is that they have contacted the BBB and my Chamber of Commerence. They threatened it was a American Disabled Act and I was in for it. Is this true? Can I be sued?
Submitted: 4 years ago.
Category: Business Law
Expert:  Richard replied 4 years ago.

Good evening. You cannot be sued. The ADA is there to protect the disabled from being denied access. You have no issues with access. Access does not allow the disabled to cause damage. They are simply trying to intimidate you. It is you that have the claim against them for the stains to your carpet. They have no claim against you...there are no provisions of the ADA which would result in liability for you under this scenario. No one can keep someone from suing you, but should they sue, they will certainly not only not prevail, their suit will most likely get dismissed summarily. My hunch is they will not file the suit at all.

 

 

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If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Attorney
Category: Business Law
Satisfied Customers: 45682
Experience: 32 years of experience practicing law and a businessman.
Richard and other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
Am I still okay if they said I asked them to leave? I did not ask them to leave. It was their choice. I assume it is my word against their word.
Expert:  Richard replied 4 years ago.
That is not an ADA violation either even if you did. These guys are obviously just shake-down artists. You should consider filing against them for the carpet stains. You might also contact the district attorney's office to determine if this is a group that has a history of this...perhaps criminal charges could be filed if that's the case.
Customer: replied 4 years ago.

Would it have been wrong orf me to ask that they limit moving about my store?

Expert:  Richard replied 4 years ago.

Not at all...being disabled does not give them the right to cause damage. My guess is they engineered this on purpose. There are groups of people...many of them gypsies...who do this purposely just to get settlements from people. Do not let them do this. Contact the district attorney's office....let them know the facts...you should be proactive to put these folks on their heels. You did nothing to violate the ADA.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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