When a Business Isn’t Accessible, It’s More Than an Inconvenience

At Bashian & Papantoniou, P.C., we often hear from individuals with disabilities who just wanted to run an errand, go to an appointment, meet a friend, or visit a business, but found they couldn’t get inside. Sometimes the problem is a set of steps with no ramp. Other times, it’s a broken elevator, a narrow doorway, or a restroom that can’t be used.

For people with disabilities, these moments are more than small inconveniences. For instance, a client of ours was unable to enter a local restaurant he frequently visited because the entrance had steps with no ramp.  Such experiences remind us that many public spaces still do not recognize the right to equal access. Under both federal and New York law, these failures are not just frustrating. They can also create legal liability.

Premises Liability Goes Beyond Physical Injuries in ADA Lawsuits

Premises liability law is usually linked to slips, falls, or other physical injuries. However, in the realm of disability rights, it extends further. While a traditional 'slip-and-fall' claim focuses on physical injuries from tangible hazards, access denials fit within the same legal framework by creating unsafe or inaccessible conditions that bar a person with a disability from using a property. Such situations can also lead to liability, as the implications of being denied access are just as significant.

If a business has steps without a ramp, an elevator that is often out of service, or doorways that are too narrow, the property becomes unsafe for some people. These barriers can force people to take risky alternative routes or depend on others just to get in or move around.

The law understands that denying access to an individual with a disability can be as serious as causing physical harm.

What the ADA Requires of Businesses

Federal law, through the Americans with Disabilities Act (ADA), requires businesses open to the public to provide equal access to their goods, services, and facilities. This means removing accessibility barriers when it is “readily achievable” to do so.

For existing buildings, this usually means removing architectural barriers that limit access. For new construction or renovations, it means following established accessibility standards from the start.

The ADA has a broad definition of discrimination. It covers not just intentional exclusion, but also failing to provide equal access. Businesses must make reasonable changes unless those changes would fundamentally change the business or cause an undue burden. Many businesses resolve access issues without going to court by engaging in structured negotiations. This approach allows for collaboration, helping businesses understand their responsibilities while providing people with disabilities the access they deserve.

Accessibility under the ADA is not optional, and it is not just about preventing accidents.  It is about ensuring that people with disabilities can exercise their self-determination and autonomy by using public spaces safely and independently. Access is not merely a checklist item; it is a civil right that upholds the dignity of all individuals.

New York Law Provides Even Stronger Protections

New York State law gives people with disabilities more protection than federal law alone.

The New York State Human Rights Law bans discrimination based on disability in public places and requires businesses to make reasonable changes to ensure equal access. Unlike federal law, New York does not require a disability to substantially limit a major life activity for someone to be protected. This means more people are covered, and businesses have more responsibilities.

The New York Civil Rights Law guarantees full and equal enjoyment of public spaces. This law emphasizes dignity, independence, and equal participation, not just physical entry. Together, these state laws are interpreted more liberally and impose stricter responsibilities on businesses operating in New York.

Common Accessibility Barriers That Create Liability

When it comes to premises liability, accessibility barriers are often simple and preventable. Common examples include:

• Steps at entrances without ramps
• Ramps that are too steep, blocked, or poorly maintained
• Elevators or lifts that are broken and left unrepaired
• Narrow doorways or aisles
• Service counters that are unreachable
• Restrooms that are inaccessible or used for storage
• Parking lots without proper accessible spaces

These conditions do more than make access difficult. They can create real safety risks by forcing people to use unsafe alternatives or move through spaces that are not designed for them.

Federal and New York laws require businesses to fix these problems with practical steps, like installing ramps, keeping equipment in good shape, or changing layouts. If businesses do not take these steps, they can be held legally responsible.

“It’s an Old Building” Is Not a Defense

A common reason we hear is that a building is old or hard to change. While the law considers what is reasonable, being old is not an excuse for inaccessibility.

Many accessibility problems can be fixed with simple, practical changes. When businesses do not act, people with disabilities are left to deal with unsafe or unwelcoming spaces. The law does not allow this.

The Emotional and Social Impact of Inaccessibility

Inaccessibility extends beyond physical access. Being shut out, asked to wait outside, or forced to rely on others can feel humiliating and discouraging. These experiences show that accessibility was not a priority. Disability access laws are not just about enforcing rules; they are about protecting dignity, safety, and inclusion. No one should feel unwelcome in a public place.

Why Enforcing Accessibility Laws Matters

At Bashian & Papantoniou, P.C., we believe that accountability leads to more inclusive and non-discriminatory public spaces. Holding businesses responsible is not about punishment. It is about making sure legal obligations are met and exclusionary practices are fixed.

Accessibility Is the Law in New York

Both federal and state law govern premises liability for disability access. The ADA sets the basic standard for accessibility, while New York laws add more protections and stronger requirements.

Businesses must take active steps to remove barriers and ensure access. If they do not, the law provides remedies to address individual harm and to prevent future exclusion.

Accessibility is not optional. It is a legal right, and it deserves accountability.