Why Am I Getting Sued for Website Accessibility?

Getting hit with an accessibility lawsuit feels like it comes out of nowhere. You're running your business, your website works fine for you, and suddenly there's legal paperwork claiming your site violates the Americans with Disabilities Act. I've walked dozens of business owners through this exact moment, and the confusion is always the same: "I didn't even know this was a thing."

Here's the reality: website accessibility lawsuits have become one of the most active areas of civil rights litigation in the United States. Understanding why you're being sued—and what to do about it—starts with understanding how we got here.

Q: Why do businesses get sued for website accessibility?

A: Businesses face website accessibility lawsuits because the ADA requires equal access to "places of public accommodation," and courts have increasingly ruled that websites qualify. If your site has barriers preventing people with disabilities from accessing goods, services, or information, you're legally vulnerable.

The Legal Basis for Website Accessibility Lawsuits

What the ADA Actually Says

The Americans with Disabilities Act, passed in 1990, predates the modern web. Title III of the ADA requires businesses to provide equal access to places of public accommodation—think restaurants, stores, hotels, and entertainment venues.

The law doesn't explicitly mention websites. That ambiguity created years of legal uncertainty. But courts have increasingly found that if a business operates a website connected to its physical presence—or if the website itself is how people access services—ADA requirements apply.

The Department of Justice has consistently interpreted the ADA to cover websites. While formal regulations remain in progress, the legal risk is real and present.

Key Court Decisions That Shaped This Area

Several cases established important precedents:

Robles v. Domino's Pizza (2019) reached the Ninth Circuit Court of Appeals and definitively held that the ADA applies to websites connected to physical businesses. The Supreme Court declined to hear Domino's appeal, letting the ruling stand.

Gil v. Winn-Dixie (2017-2021) wound through multiple appeals before ultimately being dismissed on procedural grounds—but not before establishing that accessibility lawsuits have teeth.

These cases mean there's no serious legal argument that websites are exempt from accessibility requirements. The question isn't whether the law applies; it's whether your site complies.

Why Your Website Specifically Got Targeted

How Plaintiffs Find Targets

I'll be direct about how this works, because understanding the mechanics helps you respond appropriately.

Plaintiffs' attorneys use automated scanning tools to identify websites with detectable accessibility issues. They scan thousands of sites, identify low-hanging fruit, and file against businesses most likely to settle.

Factors that make sites more likely to be targeted:

Obvious issues detectable by automated tools. Missing alt text, inaccessible forms, poor color contrast—these show up in automated scans and indicate broader problems.

Commercial activity. E-commerce sites face more lawsuits than purely informational sites because money changes hands.

Company size and visibility. Large enough to pay a settlement, visible enough to find. Mid-size businesses are particularly vulnerable—big enough to seem worth suing, small enough that they probably haven't addressed accessibility.

Industry clusters. Plaintiffs' firms often target specific industries. Retail, hospitality, and restaurants see heavy activity.

Common Issues That Trigger Lawsuits

The Web Content Accessibility Guidelines (WCAG) define accessibility standards. Lawsuits typically cite violations like:

Images without alt text. Screen reader users can't understand images without text descriptions. This is the most common issue found in lawsuits.

Forms that can't be completed with a keyboard. Many users can't use a mouse. Forms requiring mouse interaction lock them out.

Videos without captions. Deaf users can't access video content without captions or transcripts.

Poor color contrast. Text that doesn't contrast sufficiently with backgrounds becomes unreadable for users with vision impairments.

Inaccessible navigation. Menus and links that don't work with screen readers or keyboard navigation.

According to WebAIM's annual study, 96%+ of home pages have detectable WCAG failures. That statistic explains why plaintiff targeting feels somewhat arbitrary—almost everyone has issues. Your site got picked, but the underlying problems are nearly universal.

The Lawsuit Landscape: What You're Facing

Demand Letters vs. Federal Lawsuits

Most accessibility legal action starts with a demand letter, not a filed lawsuit. The letter claims violations and demands remediation plus monetary payment. You typically have 30-60 days to respond.

Demand letters often settle for $5,000-$20,000 plus agreement to fix issues. Plaintiff attorneys prefer quick settlements over protracted litigation.

If you ignore the letter or reject settlement, expect escalation to federal court. Federal lawsuits are significantly more expensive to defend regardless of merit.

Lawsuit Volume and Trends

According to data tracked by accessibility law firms and researchers, federal ADA website accessibility lawsuits numbered in the thousands annually in recent years. When you add state-level actions and demand letters that don't become lawsuits, the total activity is substantially higher.

Certain states see more activity. New York, California, and Florida account for the majority of federal filings due to favorable plaintiff jurisdictions and active plaintiff bars.

Serial Plaintiffs and Tester Methodology

A small number of plaintiffs file hundreds of lawsuits annually. They're sometimes called "testers"—individuals who visit websites specifically to identify accessibility barriers, then sue.

This practice is controversial but generally legal. The ADA doesn't require that plaintiffs be customers who were actually trying to complete transactions. Identifying barriers and seeking remedy is permitted.

Whether you view this as rights enforcement or legal opportunism depends on your perspective. Either way, it's the reality you're operating in.

What This Means for Your Business

Immediate Response When Sued

If you've received a demand letter or lawsuit:

Don't ignore it. Non-response leads to default judgments or escalation. Acknowledging the situation doesn't admit liability.

Engage an attorney familiar with ADA web accessibility. General business lawyers often don't understand this area's specifics. Specialists know what settlements look like and when to fight.

Start documenting your accessibility status and remediation efforts. Courts look favorably on businesses demonstrating good faith efforts to comply, even if they haven't achieved perfection.

Begin actual remediation. Showing progress matters for settlement negotiations and judicial perception.

Settlement vs. Defense Considerations

Most accessibility lawsuits settle. The economics favor it:

Defense costs exceed typical settlements. Defending a federal lawsuit through trial costs $50,000-$200,000+. Settlements typically run $10,000-$50,000 plus remediation commitments.

Successful defenses are rare and narrow. Businesses occasionally win on procedural grounds (standing issues, improper venue) but rarely on the merits. If your site has accessibility issues, the violations are the violations.

Settlement includes remediation timelines. Agreements typically require achieving specified accessibility levels within 12-24 months, with monitoring.

Preventing Future Lawsuits

Why Fixing Your Site Actually Protects You

Here's what many business owners miss: genuine accessibility remediation is actually protective. Organizations that achieve and maintain WCAG AA compliance face dramatically lower lawsuit risk.

Plaintiff attorneys target easy cases. Sites with obvious automated-detectable issues are easy. Sites that pass automated scans and demonstrate good-faith accessibility efforts are harder cases that lawyers avoid.

This doesn't mean you can never be sued. But it means you become a much less attractive target.

What Remediation Actually Involves

Achieving WCAG compliance isn't installing a widget or running a one-time fix. It involves:

Comprehensive audit identifying all accessibility issues—automated scanning catches some, but manual testing with screen readers catches more.

Systematic remediation fixing issues in your codebase, not just patching symptoms.

Ongoing monitoring ensuring new content and features maintain accessibility.

Team training so your people don't introduce new barriers.

Platforms like TestParty make this process manageable by not just finding issues but generating actual code fixes—dramatically reducing the developer time required for remediation.

Investment Comparison

Consider the math:

Settlement cost: $10,000-$50,000 plus legal fees, plus remediation commitment anyway Proactive remediation cost: $10,000-$60,000 depending on site size, with no legal fees

Fixing proactively costs roughly the same or less than getting sued then fixing. And it eliminates the stress, reputation risk, and ongoing legal exposure.

FAQ Section

Q: Can I be sued even if I didn't know my website had accessibility issues?

A: Yes. The ADA doesn't require knowledge of violations. Ignorance isn't a defense. This is why proactive accessibility assessment matters—you may have issues you're not aware of.

Q: Will fixing my website make the current lawsuit go away?

A: Not automatically, but it helps significantly. Remediation demonstrates good faith and often enables more favorable settlement terms. However, lawsuits seeking damages won't disappear just because you fixed issues after being sued.

Q: Are accessibility widgets or overlays enough to prevent lawsuits?

A: No. Overlay widgets have been specifically rejected in legal proceedings as insufficient for ADA compliance. Organizations using overlays get sued at similar rates to those without them—sometimes the overlay itself creates additional issues.

Q: How do I know if my website is actually accessible?

A: Automated scanning tools identify many issues but miss 50-70% of accessibility problems. Comprehensive assessment requires automated scanning plus manual testing with screen readers and keyboard navigation. Getting a professional accessibility audit provides clearer answers than DIY approaches.

Q: Can I counter-sue the plaintiff?

A: Counter-claims are theoretically possible but rarely successful and typically not cost-effective. Courts generally view ADA enforcement favorably. Your resources are better spent on defense and remediation than attempting to punish the plaintiff.

Moving Forward Constructively

Being sued for website accessibility feels unfair, especially if you genuinely didn't know. But the legal landscape is clear: websites must be accessible, the law is being enforced, and the path forward involves actual compliance.

The silver lining—if there is one—is that accessibility benefits everyone. Sites that work for people with disabilities work better for all users. Mobile experience improves. SEO improves. The investment in compliance produces returns beyond legal risk reduction.

Ready to understand your accessibility situation? Get a free accessibility scan to see where your site stands and what remediation might involve.

Related Articles:

• What is a Demand Letter for Website Accessibility?
• How Long Does Website Accessibility Take to Fix?
• ADA Website Compliance: The Complete Guide

Quick note: we used AI to help write this article, and our team reviewed it for accuracy. We're passionate about making the web accessible, but accessibility law can get complicated. If you're making decisions about compliance, definitely loop in a professional who knows your specific situation.