Website Lawsuits Based on Website Accessibility

The ADA has spawned several types of website lawsuits, including ones based on website accessibility. In 2017, Lucia Market filed a lawsuit against Five Guys Enterprises because she found the website difficult to navigate. Her complaint claimed that she was not given equal opportunity to order food. In 2018, the Avanti Hotel in Palm Springs was hit with an ADA lawsuit over its website. This case also resulted in heavy damages for the hotel.

Websites may also be covered by the ADA if they are a physical place.

However, this question is not yet fully answered, as the vast majority of ADA lawsuits have been filed in state and federal courts. However, courts in other jurisdictions have found that websites are covered by Title III. This decision does not mean that websites are exempt from the ADA, though. Rather, it simply means that websites can be sued if they fail to provide equal opportunity to people with disabilities.

Another type of lawsuit based on website accessibility is the Americans with Disabilities Act (ADA). Organizations with dozens or hundreds of websites may be more prone to ADA violations. While these lawsuits aren’t as widespread as those based on website accessibility, the ADA lawsuits are growing in frequency. It is important to note that the ADA covers all types of websites. For instance, healthcare service providers, financial institutions, and e-commerce sites are frequently sued for not being accessible.

Another example of an ADA website lawsuit involves a supermarket chain.

Target was sued in the first major class-action lawsuit filed by a national group of blind people against a U.S. supermarket chain. The lawsuit established that virtual spaces are places of public accommodation and therefore subject to ADA regulations. This has made lawsuits against large organizations like Target particularly invasive, and oftentimes costly. While these companies are well-known for their accessibility policies, smaller food and beverage businesses are at risk as well.

Among the first cases of this type, the Eleventh Circuit, which is composed of the Federal Appeals Courts for Georgia, Alabama, and Florida, found in Gil v. Winn-Dixie Stores that an inaccessible website did not have a significant effect on the plaintiff’s eligibility to file a lawsuit. However, the Eleventh Circuit found that the website’s inaccessibility is not the sole cause of the lawsuit.

A recent trend is for people with disabilities to file lawsuits against companies for not making their websites accessible to the disabled. In such cases, plaintiffs seek injunctive relief that requires the defendant to make their website accessible to blind consumers. The plaintiffs of such lawsuits typically seek money damages and attorney fees to remedy the problem. This type of lawsuit has been growing steadily for the past several years, and the number of such lawsuits is increasing.

The California Supreme Court, however, has not addressed the issue of website accessibility.

In September 2019, the Second Appellate District decided the case of Thurston v. Midvale. The case involved a blind person who used screen reader software to navigate a restaurant’s website. The plaintiff argued that the restaurant’s website was not compliant with ADA due to inadequate labeling or the absence of labeling on its graphics. This case will be a major case for website accessibility.

ADA website accessibility lawsuits are also a common source of web accessibility lawsuits. In 2019, the number of such lawsuits has risen by over 11 percent. With the rapid growth of websites and business apps, these numbers are sure to continue to increase. This trend looks set to continue through 2020 and beyond. So, how can you ensure that your website is accessible? Here are some tips to prevent web accessibility lawsuits. Before filing an ADA website lawsuit, consider the accessibility of your website.

ADA Website lawsuits are on the rise. Today, approximately one billion companies conduct their business online, and the number of ADA website lawsuits continues to rise. Averaging one website lawsuit per hour, this trend is expected to continue. As an experienced website accessibility specialist with more than 20 years of experience, Jason Taylor reviews data from ADA lawsuits and claim letters. Learn how to prevent lawsuits by incorporating a disability committee into your design process.