ADA Compliance and Defense Blog
Few states present greater ADA litigation risk to medical practices than California. In recent years, plaintiffs and ADA rights advocates have increasingly targeted medical facilities across the state, often filing high-volume lawsuits based on technical accessibility violations. Many practice owners are caught off guard, believing they are either compliant or too small to attract attention. In California, neither assumption is safe.
California is unique because ADA claims are almost always paired with the Unruh Civil Rights Act, which allows plaintiffs to recover statutory damages—typically $4,000 per offense, injunctive relief, and attorneys’ fees. This financial incentive has made California a hotspot for lawsuits against healthcare-related businesses of every size.
These claims are not limited to hospitals or large clinics. Targeted practices include physicians’ offices, internal and family medicine practices, dentists and orthodontists, oral surgeons, veterinarians and animal hospitals, physical therapy and chiropractic offices, mental health providers, psychologists and psychiatrists, urgent care centers, imaging and radiology facilities, dialysis centers, podiatrists, optometrists and ophthalmologists, audiologists, outpatient rehabilitation centers, fertility clinics, pain management practices, ambulatory surgery centers, addiction treatment facilities, medical spas and aesthetic salons, cosmetic and plastic surgery offices, acupuncture clinics, and specialty outpatient providers.
Under both the ADA and California’s Unruh Civil Rights Act, nearly all of these businesses qualify as places of public accommodation, regardless of the number of employees or whether the practice owns or leases its space. Medical tenants are routinely named as defendants alongside property owners.
Exterior Compliance: A Primary Target in California
In California ADA lawsuits, exterior access is often the first point of concern. Common allegations involve non-compliant accessible parking spaces, improper striping or signage, excessive slopes, deteriorated pavement, inaccessible curb ramps, missing handrails, and barriers along the accessible path of travel from parking areas or public sidewalks to the entrance. Even minor deviations from technical standards can trigger litigation.
Interior Compliance: Where Claims Multiply
Interior spaces are equally scrutinized. Frequent claims involve inaccessible waiting rooms, reception counters, door hardware and clearances, hallway widths, flooring transitions, lighting, restrooms, and examination rooms. Grab bar placement, sink and mirror height, door swing, and turning radius issues are among the most common violations cited. Medical practices face additional exposure related to exam room layout, equipment placement, and wheelchair transfer space. We have defended service animal policy and practice lawsuits.
Why Intent and Effort May Not Matter
Plaintiffs may not need to show discriminatory intent, or refusal of service. That an access barrier existed during a visit may suffice. Reliance on landlords, contractors, or past inspections does not typically eliminate liability.
Protecting Your California Practice
For California medical practices, proactive ADA compliance should not be an option. An accessibility survey performed by a qualified professional can guide you to enhance accessibility before a plaintiff does. Addressing issues early—especially those deemed “readily achievable”—is often far less expensive than defending a lawsuit. Proactive barrier removal benefits all your patients. In today’s enforcement climate, understanding how both exterior and interior premises and compliant policies, practices and staff training are regulated under California law and the ADA are essential to protecting your patients, practice, reputation, and your bottom line.
Martin “Marty” Orlick is the Chair of JMM’s ADA Compliance & Defense Group, a Partner in JMM’s Real Estate Group, and a member of the American College of Real Estate Lawyers (ACREL). For more information or help with ADA compliance and defense, contact him at (415) 984-9667 or morlick@jeffer.com.