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Can You Sue a Website for Not Being Accessible?

Can You Sue a Website for Not Being Accessible?

TL;DR: Yes. Disabled users can sue websites that prevent them from accessing goods, services, or information. Over 4,000 federal lawsuits were filed in 2023. Courts consistently rule in favor of accessibility.


If you're asking this question, you're probably a business owner who either just got a demand letter or is worried about getting one.

The short answer: Yes, absolutely.

People with disabilities can sue your website for not being accessible. And they do. Frequently.

The Legal Basis

The Americans with Disabilities Act (ADA) requires "places of public accommodation" to be accessible to people with disabilities.

For decades, this meant physical spaces - ramps, elevators, accessible bathrooms.

Since 2017, federal courts have consistently ruled that websites are also "places of public accommodation."

Translation: If a blind person can't use your website because it doesn't work with screen readers, they can sue you the same way someone in a wheelchair could sue a building with no ramp.

Who Can Sue?

Any disabled person who encounters barriers on your website can potentially sue.

This includes people who:

  • Are blind or have low vision (need screen readers)
  • Are deaf or hard of hearing (need captions on videos)
  • Have mobility impairments (can't use a mouse, need keyboard navigation)
  • Have cognitive disabilities (need clear navigation and simple language)

They don't need to be your customer. Just attempting to use your site and encountering barriers is enough.

What Gives Them Standing to Sue?

To have legal standing, a person typically needs to show:

  1. They have a disability (covered under the ADA)
  2. They attempted to use your website
  3. They encountered specific barriers (missing alt text, inaccessible forms, etc.)
  4. Those barriers prevented them from accessing your goods/services/information

Example: A blind person tried to order food from your restaurant's website. The order form doesn't work with screen readers. They couldn't complete their order. That's a barrier. They can sue.

How These Lawsuits Usually Work

Most accessibility lawsuits follow a pattern:

Step 1: Demand Letter

Law firm sends a letter listing violations and demanding fixes (often with a settlement amount attached).

Step 2: You Respond (Or Don't)

  • Ignore it: They file a lawsuit
  • Fight it: They file a lawsuit
  • Settle: You pay, agree to fix issues, case closed

Step 3: Lawsuit (If No Settlement)

  • Filed in federal court
  • Public record
  • Expensive legal defense
  • Usually ends in settlement anyway

Step 4: Settlement

  • Cash payment: $5,000-$75,000
  • Attorney fees (theirs): $10,000-$30,000
  • Agreement to fix violations
  • 2-3 years of monitoring

Why Are These Lawsuits Increasing?

Three reasons:

1. Technology makes it easy to find violations

Law firms use automated scanners to check thousands of websites for accessibility issues. If your site shows violations, you might get a letter.

2. Courts keep ruling in favor of accessibility

When businesses fight these lawsuits, they usually lose. The legal precedent is established - websites must be accessible.

3. It's profitable for plaintiffs' attorneys

These cases typically settle quickly for predictable amounts. For law firms, it's a volume business.

"But That Feels Like a Shakedown"

You're not wrong to feel that way.

Many businesses receive demand letters from law firms they've never heard of, representing plaintiffs who were never going to be customers anyway.

But here's the thing: The underlying law is legitimate. Websites should be accessible. Disabled people genuinely do face barriers.

The fact that some law firms have industrialized the process doesn't change the fundamental requirement - your website needs to work for everyone.

What Businesses Get Wrong

Myth: "Small businesses don't get sued."

False. Businesses of all sizes get sued. A 5-person restaurant can get sued just as easily as Amazon.

Myth: "I'll just claim I didn't know."

Doesn't work. Ignorance of the law isn't a defense. Courts expect businesses to know their legal obligations.

Myth: "I'll install an overlay plugin and be fine."

Also doesn't work. Overlays don't actually fix accessibility issues, and courts know it. You can have an overlay installed and still get sued.

What You Should Do

If you're asking "can I be sued?" the answer is yes, and here's what to do:

1. Find out if you actually have violations

Run an accessibility scan. See what's wrong. Most sites have issues - the question is how serious they are.

2. Fix the violations

Hire someone who actually knows accessibility (not just an overlay plugin). Fix the code properly.

3. Document everything

Keep records of what you fixed and when. If you ever do face a lawsuit, showing good faith effort matters.

4. Don't wait for a lawsuit to care about accessibility

This isn't just about avoiding legal risk. It's about making your website work for all potential customers - including the 26% of American adults who have some form of disability.

The Bottom Line

Can you sue a website for not being accessible?

Yes. And people do. Thousands of times per year.

Your move is either:

  • Fix it proactively (costs less, no stress)
  • Wait for a lawsuit (costs way more, very stressful)

The law is clear. The risk is real. The solution is straightforward.


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