AB1040

(Dutra): Disabled persons: liability. Description: Under existing law, a person, firm, or corporation that interferes with various specified rights of a disabled individual is liable for the actual damages of each offense and any amount determined by a judge or jury of up to 3 times the amount of the actual damages, but in no case less than $1,000.

This bill would specify that a person may not be held liable for the damages described above unless the plaintiff provided the defendant with notice of the alleged violation of the Americans with Disabilities Act of 1990 at least 90 days before filing the complaint, the notice identified the specific facts of the alleged violation, and the defendant failed to correct the violation within 90 days. The bill would additionally provide that a defendant may avoid liability only if the defendant shows that, prior to receiving notice of the alleged violation, the defendant either employed a consultant with expertise in compliance with the Americans with Disabilities Act of 1990, and took the actions recommended by the consultant to comply with the act or complied with the requirements of the act as a condition of the issuance of a building permit.

Status: In Assembly Judiciary; Two year bill.
Position: Oppose