Most businesses in the United States have websites to help them reach their target markets. While the internet has been a boon for businesses because of the ability to reach a much greater audience, businesses still need to be careful with their websites and other online outreach efforts. Recently, companies have been targeted for litigation over the accessibility of their websites under the Americans with Disabilities Act. The largest number of these cases are being filed in California, New York, and Florida, but there are now filings in almost every state. Since websites can be accessed from any state, often a company located in one state will find out that a lawsuit has been filed by a person in a different state, often a state where the local laws or the Court look more favorably on this type of lawsuit. The Karlin Law Firm has resolved cases throughout the United States. Companies should be aware of this issue so that they can be prepared to defend against claims that might be filed against them.
Most websites found to lack accessibility
According to the 2020 Web Accessibility Annual Report, 98% of web pages for U.S. businesses are not accessible to disabled people. The Karlin Law firm does not necessarily agree with these exact findings, but some Plaintiff’s law firms are now filing lawsuits claiming that websites, particularly e-commerce websites offering goods or services are a place of public accommodation which must provide better access to people with disabilities. For example, people who are blind and who use “screen readers” to read out loud the content of a website by using programs such as the JAWS screen reader. The growing number of these ADA website lawsuits now puts businesses at risk of becoming the target of an ADA website lawsuit.
Litigation over website accessibility
In 2019, Domino’s Pizza lost a lawsuit when a blind customer sued because the company’s website did not work with screen-reading software to allow him to order a pizza. Since then, thousands of demand letters have been sent to companies across the U.S. for alleged violations of the ADA in their websites. Related Google searches of the ADA and the WCAG have also risen by 400%.
Businesses need to be prepared for potential litigation over their websites under the ADA. Companies may benefit from retaining experienced civil defense and ADA law attorneys who represent businesses facing ADA claims. Attorneys might review the claims and the evidence and file responses to defend their clients’ interests. If the claims move into formal litigation, the attorneys may build the strongest defense cases possible in an effort to protect their clients. Working with a skilled attorney who knows both the ADA and who can work with web developers and webmasters to make helpful modifications is a must to help businesses avoid potentially costly litigation and protect their operations and bottom lines.
