Introduction
It’s possible that a court could rule that your website is not accessible and award damages to an injured person. But is it likely? Not really. However, if your website isn’t accessible, it’s important to know what the law says about this situation so you can make sure your business doesn’t become part of an ADA lawsuit.
In some cases, the answer is yes.
In some cases, the answer is yes. As far as we know, there have been no lawsuits against web design firms for having inaccessible websites. However, if you are a small business with fewer than 15 employees and your website has problems that violate either federal or state laws related to disability access (e.g., the Americans with Disabilities Act of 1990), then you could be liable for monetary damages if someone sued you because of their inability to use your website in an accessible way.
The ADA does not require websites themselves to be accessible; instead it requires certain types of businesses (such as restaurants) and government agencies (like schools) to make their sites accessible through various means such as screen readers or Braille displays so that people with disabilities can use them effectively. But many other businesses aren’t required by law to provide those kinds of accommodations on their websites—so long as they offer them off-line through other means like phone calls or email messages instead—and these days most people don’t want companies calling them back anyway! So while it’s possible that someone might sue over an inaccessible website design even though they don’t really need its features themselves personally…the odds are pretty low that this will happen anytime soon unless something else goes wrong first (like getting sick).
There have been a few lawsuits in the U.S. and Canada where the issue of website accessibility was raised as a side issue or defence.
There have been a few lawsuits in the U.S. and Canada where the issue of website accessibility was raised as a side issue or defense. In some cases, these cases were dismissed by judges on technical grounds—for example, because they didn’t involve an underlying breach of contract or other legal obligation to make websites accessible. In other cases, however, plaintiffs were successful in getting judgments against companies for not making their websites accessible to people with disabilities. The most recent case of this kind resulted in a settlement agreement between plaintiffs and defendants that included commitments by both sides regarding future actions related to accessibility compliance on their respective sites (see below).
It’s possible that an ADA lawsuit might be filed against a small business or image-making firm that has a website that isn’t accessible.
The Americans with Disabilities Act of 1990 (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities. All businesses, including small businesses, are subject to the ADA’s requirements. If your website isn’t accessible, it could be considered a violation of the ADA because it prevents people with disabilities from being able to use the website effectively and fully.
If you have a small business or image-making firm and your website isn’t accessible and someone files an ADA lawsuit against you because of that, then even though winning would be difficult for them (because winning would take a lot of time), they may still file suit against you just for fun because they like doing these types of things and want their name out there more than anything else in life.
Courts haven’t established clearly that non-accessible websites are automatically inaccessible under Title III of the ADA, but they haven’t ruled it out either.
Courts have not explicitly stated that non-accessible websites are automatically inaccessible under Title III of the ADA, but they haven’t ruled it out either.
In one case, a court held that an online retailer couldn’t be liable under Title III for its static website being non-compliant with WCAG 2.0 AA standards because it didn’t control the website and was unaware of its non-accessibility. This may indicate that courts are willing to consider some level of knowledge when determining whether Title III applies to web content providers. However, courts have also stressed that accessibility is a requirement for any websites created after January 1st, 2020 (when new Section 508 rules go into effect).
It’s unclear whether this implies that courts expect all websites created after January 1st 2020 will be accessible as a matter of course or only those sites where prior knowledge exists regarding specific barriers preventing access by persons with disabilities
The fact that you may have fewer than 15 employees may not protect you from an ADA website lawsuit if there are other factors at play.
The size of your company is not the only factor that courts will look at when determining whether a website’s accessibility is a violation of the ADA.
The fact that you may have fewer than 15 employees may not protect you from an ADA website lawsuit if there are other factors at play. For example, if your website has been determined to be inaccessible by government agencies or advocacy groups, it could set up a situation where private individuals could sue for damages under the ADA.
This case would be similar to one brought against Hilton Hotels Corporation by two persons with disabilities who alleged that Hilton’s websites were not accessible to people with disabilities because they lacked audio description services, which are required by federal law in order to ensure equal access for blind users (such as myself).
There are no known lawsuits against design firms for having inaccessible websites, but those who work in these firms should still ensure their sites meet WCAG 2.1 AA standards.
It is important to note that there are no known lawsuits against design firms for having inaccessible websites. However, those who work in these firms should still ensure their sites meet WCAG 2.1 AA standards.
Many people have sued companies for failure to provide accessible websites, with the most notable being a case brought against the City of Toronto by lawyer and accessibility advocate David Lepofsky. The city’s website was not only inaccessible, but also contained inaccurate information about public meetings and events that were taking place during an election campaign (which led to misinformed voters).
This lawsuit set a precedent for how other organizations could be held liable for failing to make their websites accessible: if an organization does not comply with its legal obligations under human rights legislation or other similar regulations that require it to be accessible, then anyone who experiences harm as a result can sue them directly. This extends beyond physical access barriers like stairs or ramps; digital content must also be made available so everyone has equal opportunity to access it regardless of any barriers they may have at home or work—be they physical or attitudinal (such as lack of training). If such barriers prevent someone from accessing your site’s content fully and equally—or negatively impact their ability do so—you could face legal action yourself!
While it’s possible you could get sued if your website isn’t accessible, there is no guarantee.
While it’s possible you could get sued if your website isn’t accessible, there is no guarantee. There have been a few lawsuits in the US and Canada where the issue of website accessibility was raised as a side issue or defense. However, none of these cases ended with a finding against an organization for having inaccessible websites.
There are two reasons why this is the case:
- First, under both U.S. and Canadian law, people with disabilities must show that their disabilities prevent them from accessing the goods or services offered by organizations before those organizations can be held liable for not making those goods or services accessible to them (this is called “disability discrimination”). To prove this point, it must be shown that (1) there was no reasonable accommodation that would enable someone with a disability to use what’s being offered; and (2) even if one were made available, it wouldn’t matter because of how severe their disability is in relation to how serious access problems are due to inaccessible infrastructure created by an organization not doing anything about its own creation of barriers within its own space (again: think stairs vs elevators).
Conclusion
In the end, there are no guarantees. It’s possible that a small business or image-making firm with an inaccessible website could get sued under the ADA, but it’s also possible they wouldn’t be sued. The fact that you may have fewer than 15 employees may not protect you from an ADA lawsuit if other factors are at play, such as having a website that isn’t accessible or failing to provide reasonable accommodation when requested by employees who have disabilities. If you’re worried about being sued, take steps now to make sure your site meets WCAG 2.1 AA standards so it can be read by any user regardless of how he or she interacts with technology—and stay up-to-date on legal developments too!