Blog

What should you do if you face an ADA Website Lawsuit?

Author: | Category: ADA Compliance
ADA Compliance Website Lawsuit

Navigating ADA Website Lawsuits: A Comprehensive Guide

In the realm of website ownership and development, the issue of website accessibility is gaining significant traction among business owners and developers. While awareness of accessibility concerns is on the rise, many are still unfamiliar with the potential legal ramifications.

The reality is that businesses are increasingly susceptible to ADA website lawsuits. Over recent years, such lawsuits have surged, predominantly revolving around the accessibility of websites.

So, what steps should you take if you find yourself embroiled in a lawsuit over your website’s accessibility? Let’s delve into the matter further.

 

What Types of Businesses Must Comply with ADA?

Based on how the courts have interpreted ADA standards, ADA web compliance is mandatory for websites that fall under two categories:

🏣 Websites for, or funded by, state or local governments:
Title II of the ADA requires organizations within this category take steps to ensure their web content is accessible to those with disabilities.

🏢 Websites for businesses:
Businesses that are open to the public (also referred to as public accommodations) must provide full and equal access to web content to all users, according to Title III of the ADA.

 

Understanding ADA Website Lawsuits:

You might be wondering how a website could land you in a legal quagmire. Contrary to popular belief, website accessibility is not merely a matter of convenience—it’s a legal obligation.

When the Americans with Disabilities Act (ADA) was enacted in 1989, the commercial use of the internet was still in its infancy, primarily utilized by government entities and educational institutions. Fast forward three decades, and the internet has become integral to everyday life, serving as a vital source of information, commerce, and communication.

Consider the perspective of someone with a disability reliant on assistive technology to navigate online content. Without equitable access to the internet, they are effectively excluded from vast swathes of modern life. This underscores the critical importance of ADA compliance—it’s not just a matter of ethical responsibility; it’s enshrined in law.

Title III of the ADA pertains to accessibility standards for “places of public accommodation,” encompassing entities open to the public, including businesses, universities, and government agencies. Crucially, this extends to websites, which function as virtual public spaces.

 

Navigating Legal Challenges:

In the unfortunate event that you receive notice of a lawsuit or settlement regarding your website’s accessibility, it’s natural to feel a surge of anxiety. However, the first step is to remain composed and seek external assistance.

Your immediate priority should be to assess your website’s compliance status and take prompt action to rectify any deficiencies. Collaborating with a team of experts can provide invaluable guidance, enabling you to address the lawsuit while swiftly bringing your website into compliance.

 

Settling or Proceeding to Trial:

A pivotal decision you’ll face amid an ADA compliance lawsuit is whether to settle or proceed to trial. The majority of such lawsuits are resolved outside of court, primarily due to the significantly lower costs associated with settlements compared to trial proceedings.

However, it’s imperative to seek professional counsel from either an attorney or an ADA accessibility expert to make an informed decision tailored to your circumstances.

 

Preventing ADA Website Lawsuits:

Ideally, proactive measures can help avert the prospect of facing an ADA website lawsuit altogether. Here are some steps you can take:

Educate Yourself: Familiarize yourself with the Web Content Accessibility Guidelines (WCAG), an international standard ensuring website accessibility for all users.

Conduct a Website Audit: Undertake a comprehensive audit of your website to identify accessibility issues, such as incompatible PDF files or missing alt-tags for images.

Implement Necessary Changes: Address identified accessibility shortcomings promptly to ensure your website aligns with ADA standards.

Stay Updated: ADA compliance standards are subject to change, necessitating ongoing vigilance to ensure your website remains compliant with evolving guidelines.

 

Ensuring ADA Accessibility:

Fear of litigation looms large for many business owners. However, proactive measures can mitigate this risk significantly. Whether you’re currently embroiled in a lawsuit or seeking to prevent one, our team possesses the expertise to guide you through the complexities of ADA accessibility using WCAG guidelines. Get in touch with us today to learn more about safeguarding your business and ensuring your website is ADA accessible.

 

Are you in need to make your web site ADA compliant?
Do not wait to get sued, we can help you with that!

Contact us for a quote

Requests a Quote

Request a Quote

Categories

Latest Topics

ADA Tax Credit Information

One thing business owners may not know is that the U.S. government encourages businesses to become accessible and compliant so that it provides tax credits in return. This article provides information about the ADA tax credit, who is eligible for it, what the benefits...

Websites must be accessible according to the ADA

The ADA prohibits any private businesses that provide goods or services to the public, referred to as “public accommodations,” from discriminating against those with disabilities. Federal courts have ruled that the ADA includes websites in the definition of public...

Ensure ADA Compliance and Accessibility for Your Website with AccessiBe

accessiBe The #1 Web  Accessibility  Solutions  for WCAG & ADA Compliance RedCat Studios Empowering Digital Accessibility through a New Strategic Partnership with accessiBe In a move towards promoting digital inclusivity, RedCat Studios has announced its strategic...

Why You Need To Redesign Your Website

What is Website Redesign and How Can it Help Your Business? Website redesign is the process of revamping an existing website to make it more visually appealing, user-friendly, and optimized for search engines. It involves making changes to the website’s layout,...

Google Analytics 4, Is your website ready?

If you use Google Analytics and have not upgraded to the latest GA4 then on 1st July 2023 you will stop receiving tracking data You need to make your your site is updated with the new GA4 tracking code If your website was built before October 14, 2020, you’re probably...

The Benefits of Having Your Website in Multiple Languages

We now live in a time when our first instinct is to turn to the web whenever we’re considering buying something. We perform an online search on the brand or go directly to the company’s website. Even when other people make recommendations via peer-to-peer marketing,...

SiteGround Web The Best Hosting Services for WordPress

AN IN-DEPTH REVIEW OF SITEGROUND HOSTING PLANS AND SERVICES Do I recommend it? Yes! SiteGround is a great web host for websites of all sizes. SiteGround is one of the most popular web hosting services out there—and for good reason. They offer hosting options and plans...

What is SEO? the Beginner’s Guide to Search Engine Optimization

WHAT IS SEO? SEO (Search Engine Optimization) is the marketing process to increase visibility within the organic search results, for the specific purpose of obtaining more traffic for a website. HOW SEO WORKS Every major search engine such as Google, Bing, and Yahoo...

How to Create a Multilingual WordPress Site with WPML

Do you want to make your website available in multiple languages? By default, WordPress does not come with features required to create a proper multilingual site. That’s why in this tutorial, we will show you how to create a multilingual WordPress site with the...

10 Things to remember before launching your WordPress web site

When building a WordPress site, there’s a number of things you should do prior to launching it. From content to design to the legalities of setting up your site, check below for some essential things to check off before your site is viewable to the world.  1. BE...

0
    0
    Your Cart
    Your cart is emptyReturn to Shop