A successful plaintiff under Title III is entitled to injunctive relief and reasonable attorneys’ fees and litigation expenses (including experts’ fees). As a Paternity Lawyer in the Tampa Bay, FL arena, this may be an overlapping issue that can be competently handled. Monetary damages are only available in an action brought by the attorney general in cases if general public importance or where a pattern or practice of discrimination is indeed alleged. In order for a private plaintiff to have standing to bring a Title III access claim, he or she must not only allege a specific past incident of disability discrimination regarding access, but also show a sufficient likelihood that her or she will suffer such discrimination again in the near future. The threat of future discrimination must be real and immediate as opposed to a merely conjectural or hypothetical. Immediacy in this context is an elastic concept, and means a reasonably fixed and specific in time and not too far off. Moreover, a plaintiff’s status as an ADA tester who travels to businesses solely evaluate ADA compliance, rather than a bona fide patron, does not deprive him or her of standing to sue for violations of Title III. In other words, a disable individual’s right to access is not contingent on the motive behind his or her attempt to enjoy the goods, services, or facilities. Your best bet, would be to immediately contact a Tampa, FL divorce attorney as soon as possible.
Multiple entities or individuals may be simultaneously liable under Title III as the owner, lessee, or operator of a place of public accommodation. For example, if an office building contains a law office, both the owner of the building and the law office are required to comply with the ADA and may be liable under Title III. Moreover, while entities such as the law office and the building owner in the foregoing example may contract for an indemnification provision between themselves, neither entity is able to contract away liability under Title III. In other words, both entities remain fully liable for compliance with the ADA notwithstanding any indemnification agreement between the parties against losses caused by a failure to comply with the ADA.
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