Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.

A bipartisan group of California senators, led by Senator Niello, has put forward legislation modifying how construction-related accessibility claims proceed against small businesses. The measure requires plaintiffs to provide detailed written notice of alleged violations and allow 120 days for corrections before pursuing statutory damages against businesses with 50 or fewer employees.

Under the proposal, small businesses that correct identified violations within the 120-day period would be protected from statutory damages, attorney's fees, and legal costs related to those specific issues. The bill also prevents plaintiffs from reclassifying construction-related accessibility claims as general Americans with Disabilities Act discrimination claims to bypass these notice and correction provisions.

The legislation builds upon existing state law governing accessibility claims, which already provides certain liability protections when violations are promptly addressed. For businesses with 25 or fewer employees and annual revenues under $3.5 million, current statutes reduce potential statutory damages to $2,000 per violation if corrections occur within 30 days of receiving a complaint. The new measure extends similar protections to a broader range of small businesses while establishing more defined procedural requirements for initiating claims.