Lawsuits by the Disabled: Abuse of the System?

[Gunny]

By Alison Stateman / Los Angeles
Monday, Dec. 29, 2008

Jarek Molski, 38, is a bit of a legend in legal circles. Disabled in a 1985 motorcycle accident that left him a paraplegic, he has filed 400 lawsuits against businesses under the Americans with Disability Act, alleging access violations. He was dubbed a "hit-and-run plaintiff" in 2004 by a federal judge and barred from filing any more lawsuits. Molski, of course, appealed to the U.S. Supreme Court, which finally rejected his case on Nov. 17 without comment. Molski must now petition the Central District Court of California and all state courts first before filing any new lawsuits.

Molski may sound like an extreme example but he is far from the only plaintiff who has filed hundreds of lawsuits under the ADA in California. A significant number of people who sue under the ADA have legitimate grievances and appear to be motivated by a sincere desire for access rather than monetary gain. However, according to David Warren Peters, CEO and general counsel of Lawyers Against Lawsuit Abuse, a small group of opportunists and select law firms are responsible for a huge percentage of the lawsuits. "I've seen plaintiffs that make Jarek Molski look like a cub scout," says Peters, whose San Diego-based firm represents and consults businesses and individuals accused of ADA noncompliance across the state and country. One plaintiff, he says, has filed more than 1,000 ADA accessibility suits alone.

Lawsuits by the Disabled: Abuse of the System? - TIME

 

[chloe]

It says california is one of the worst offenders in not adhering to building codes for disabled. Why shouldnt places make it more accessable to disabled people.

 

[editec]

Friend of mine (a quad) back in the 70's sued Northeastern University to force them to make the school accessible.

I think he attendence there cost that school about three million dollars.

Of course the place is still accessible, so all in all, I guess it worked out.

 

[William Joyce]

Lawsuit abuse is probably one of the biggest problems in America. There's a study saying it costs everyone about $800 bucks a year... all told, 2 percent of the GDP.

 

[xsited1]

...
CEO and general counsel of Lawyers Against Lawsuit Abuse
...

I never dreamed there would be such a company! This is surely a joke.

 

[AllieBaba]

Can obsessive litigiousness be considered a disability?

 

[AllieBaba]

It says california is one of the worst offenders in not adhering to building codes for disabled. Why shouldnt places make it more accessable to disabled people.

Because it's hugely expensive.

I'm lucky...I work in the field and got to go to a training at a MAMMOTH county AAA/SPD (Agency Area on Aging/Seniors and Ppl w/ Disabilities) center...it was absolutely beautiful...wide hallways, everything handicap accessible, parking right out front, big bathroom stalls, a huge kitchen and cafeteria, a little gift shop, automatic doors...

except....

NONE of the automatic doors work! It is frigging hilarious! It's brand new!

 

[William Joyce]

Because it's hugely expensive.

I'm lucky...I work in the field and got to go to a training at a MAMMOTH county AAA/SPD (Agency Area on Aging/Seniors and Ppl w/ Disabilities) center...it was absolutely beautiful...wide hallways, everything handicap accessible, parking right out front, big bathroom stalls, a huge kitchen and cafeteria, a little gift shop, automatic doors...

except....

NONE of the automatic doors work! It is frigging hilarious! It's brand new!

How 'bout this one:

I'm in New Jersey a few years back, covering the opening of a new firehouse.

Chief shows me the elevator, which cost about a million dollars to install. Americans With Disabilities Act forced them to put it in because the firehouse was more than one story.

Chief says, "Funny thing is, you ever seen a fireman in a wheelchair?"

Funnier thing is, I'm sure someone will file THAT lawsuit soon.

 

[KittenKoder]

Lawsuits by the Disabled: Abuse of the System? - TIME

That ADA is a vile act that has caused more harm to the disabled than helped. This is one good example of how, wasting all their life just suing businesses instead of making the best of what they were given. It's sad.