A Practical Guide for Property Managers
ADA lawsuits rarely come out of nowhere.
In most cases, the violations already existed — quietly — long before a complaint was filed.
What turns a small issue into a lawsuit is usually inaction, not intent.
For property managers, the goal isn’t just compliance.
It’s risk prevention.
Why Parking Lots Are a Common ADA Target
Parking lots are one of the most inspected — and litigated — areas of a property.
Why?
Because they involve:
-
Public access
-
Clear measurable standards
-
High visibility
-
Frequent pedestrian movement
Even well-maintained properties can fall out of compliance over time due to pavement movement, weather, and wear.
Common Parking Lot ADA Violations That Trigger Lawsuits
Most ADA-related claims stem from a small group of recurring issues.
1. Slopes Exceeding Allowed Limits
In California, accessible parking areas must not exceed 2% slope in any direction.
Over time, asphalt settles.
Even a surface that was once compliant can drift out of tolerance without visible warning.
A difference of 0.1% can be enough to fail an inspection.
2. Faded or Incorrect Striping
Accessible stalls, access aisles, and loading zones must be clearly marked.
Common issues include:
-
Faded blue paint
-
Missing access aisle markings
-
Incorrect dimensions
-
Poor contrast
Striping is not cosmetic — it’s enforceable.
3. Damaged Access Aisles and Pathways
Cracks, settlement, or patching in access aisles and pedestrian routes can:
-
Interrupt wheelchair access
-
Create trip hazards
-
Violate surface stability requirements
Minor surface damage in these areas often carries disproportionate legal risk.
4. Poor Drainage in Accessible Areas
Standing water in accessible stalls or routes is a frequent violation.
Drainage issues can:
-
Create unsafe conditions
-
Accelerate pavement failure
-
Increase slip-and-fall exposure
Water problems are often cited alongside ADA claims.
Why “It Passed Before” Is Not a Defense
ADA compliance is not permanent.
A property that passed inspection years ago can become non-compliant due to:
-
Asphalt movement
-
Wear and oxidation
-
Improper repairs
-
Deferred maintenance
Courts and inspectors evaluate current conditions, not original intent.
Preventive Maintenance Is ADA Risk Management
The most effective way to reduce ADA exposure is not reactive correction — it’s preventive care.
A strong strategy includes:
-
Routine surface inspections
-
Slope verification in accessible areas
-
Timely crack sealing and patching
-
Proper drainage maintenance
-
Regular re-striping
Preventive maintenance keeps small deviations from turning into violations.
The Cost Difference Is Significant
Correcting a minor ADA issue proactively is inexpensive.
Addressing the same issue after a complaint often includes:
-
Legal fees
-
Accelerated repair timelines
-
Limited contractor availability
-
Increased scrutiny
The financial difference is rarely small.
The We Love Paving Approach to ADA Risk
At We Love Paving, ADA compliance is built into our maintenance process.
We help properties:
-
Identify early compliance risks
-
Maintain slopes, surfaces, and markings
-
Reduce exposure through consistent care
-
Plan corrective work before it becomes urgent
Our goal is simple:
Prevent lawsuits by preventing violations.
Stay Ahead of ADA Risk
ADA lawsuits are not random.
They’re usually the result of issues that were visible — and fixable — in advance.
📩 Contact We Love Paving to evaluate your parking lot and reduce ADA exposure before it turns into a legal problem.