Since the establishment of the ADA, OSHA has been very active in enforcement ofDue Diligence referred to in the act. This enforcement had been concentrating primarily on big business and manufacturing plants but recent developments have indicated that emphasis is now working down to small and medium sized businesses because big business in now in compliance.
Because of the Due Diligence clause within the act the courts are now changing their position in negligent litigation and attorneys are taking on many more cases.
The old law stated that the plaintiff must prove negligence on the part of the business.
It is generally recognized by the courts that four conditions be present for a plaintiff to prove the business negligent.
1. A duty recognized by the law (previous cases, American With Disabilities Act) owed by the actor (the business establishment) to protect others (employees and customers) from unreasonable risks or hazards.
2. A failure of the business to conform to the required standards. (In the words of the ADA, a lack of Due Diligence”).
3. A close casual connection between the conduct (lack of Due Diligence”) and the resulting injury (slip fall) and
4. A resulting loss or damage.
The ADA has caused a new interpretation of the law in which the Supreme Court of Florida and others state courts have now ruled that the defendant (business) must prove evidence of Due Diligence as outlined in the four points above.