Americans with Disabilities Act Compliance and Premises Liability Risks

In a Risk Management Magazine article, Hank Mowry, Vice President of Engineering at Knott Laboratory, highlights the increasing risks businesses face from premises-related injuries and noncompliance with accessibility standards under the Americans with Disabilities Act (ADA). 

Despite federal mandates like the ADA and Architectural Barriers Act, many organizations fall short, creating legal and financial vulnerabilities that extend well beyond traditional slip-and-fall cases.

Premises liability requires property owners to maintain reasonably safe conditions and address hazards they know, or should know, exist. When accessibility barriers exclude people with disabilities, liability expands to potential civil rights violations under federal, state, and local laws. Importantly, initial construction to code or the lack of complaints does not equate to compliance. 

Standards have evolved since the ADA’s 1991 enactment and its 2010 revisions, meaning older buildings must address architectural barriers where feasible. Ongoing maintenance is equally critical, as deterioration can cause once-compliant features to fall out of alignment with current standards.

Mowry emphasizes that lawsuits stemming from ADA violations can result in steep damages, reputational harm, and limited insurance coverage, particularly if violations stem from long-standing design issues rather than isolated accidents. A common misstep is assuming “grandfathered” status, which does not shield property owners from legal obligations.

Formal ADA inspections, costing between $500 and $5,000, are highlighted as an effective preventive measure to identify compliance gaps and prioritize safety fixes. For risk managers, proactive strategies—including staff training, maintenance, capital planning for accessibility upgrades, and legal review—are essential to reducing exposure.

Americans with Disabilities Act compliance is not optional or static. Treating it as a continuous risk management priority safeguards against liability, strengthens reputation, and helps avoid costs that far exceed the investment in proactive audits and remediation.