Yes, you can get sued for not having an accessible website. Under Title III of the Americans with Disabilities Act (ADA), businesses open to the public are expected to provide equal access, and courts have consistently extended this to websites. Thousands of lawsuits are filed every year against website owners whose digital properties contain accessibility issues.
The legal risk is real, growing, and applies to businesses of nearly every size. ADA website lawsuits do not require a warning before filing. A plaintiff with a disability who cannot use your website can file a demand letter or lawsuit without prior notice.
| Factor | Details |
|---|---|
| Can you be sued? | Yes. ADA Title III lawsuits target inaccessible websites regularly. |
| Who files lawsuits? | Individuals with disabilities, often represented by law firms that specialize in ADA cases. |
| Warning required? | No. Plaintiffs are not required to notify you before filing. |
| Common industries targeted | Ecommerce, restaurants, healthcare, financial services, education. |
| Best protection | WCAG 2.1 AA conformance through a manual accessibility audit and remediation. |
Why Are Website Accessibility Lawsuits So Common?
ADA website lawsuits have surged because digital access is now central to daily life. Shopping, banking, scheduling appointments, and accessing government services all happen online. When a website has accessibility issues, people who rely on screen readers, keyboard navigation, or other assistive technology cannot complete those tasks.
Certain law firms file hundreds of these cases a year. They identify websites with common accessibility issues and file on behalf of plaintiffs with disabilities. The process is efficient and repeatable, which is why the volume keeps climbing.
Settlements typically range from $5,000 to $25,000 for small and mid-size businesses. But legal fees, remediation costs, and ongoing compliance obligations add up beyond the settlement itself.
What Laws Apply to Website Accessibility?
Title III of the ADA is the primary legal basis for most website accessibility lawsuits filed against private businesses. Title III requires places of public accommodation to be accessible to people with disabilities. Federal courts have increasingly interpreted “places of public accommodation” to include websites.
For state and local government entities, ADA Title II now explicitly requires WCAG 2.1 AA conformance for web content. That rule went into effect in 2024, with compliance deadlines in 2026 and 2027 depending on entity size.
Section 508 applies to federal agencies and organizations receiving federal funding. The European Accessibility Act (EAA) creates accessibility requirements for digital products and services offered in EU markets. And state laws in California, New York, and other jurisdictions add additional layers of legal exposure.
What Kind of Issues Lead to Lawsuits?
The most commonly claimed accessibility issues in lawsuits are predictable. They include missing alternative text on images, form fields without labels, poor color contrast, inaccessible navigation menus, and videos without captions.
These are all WCAG conformance issues that a thorough accessibility audit would identify. And they are all fixable with proper remediation. The irony is that most of the issues cited in demand letters are well-documented and well-understood. Businesses get sued not because the problems are obscure, but because no one evaluated the site.
Does WCAG Conformance Protect You?
WCAG 2.1 AA is the recognized standard for web accessibility. Conforming to WCAG 2.1 AA (or WCAG 2.2 AA) is the strongest defense against an ADA website lawsuit. Courts reference WCAG criteria when evaluating whether a website is accessible, and the DOJ has repeatedly pointed to WCAG as the applicable benchmark.
Conformance cannot be determined by automated scans alone. Scans only flag approximately 25% of issues. A manual accessibility audit conducted by a qualified auditor is the only way to determine WCAG conformance. After the audit identifies issues, remediation brings the site into conformance.
Kris Rivenburgh audits are always fully manual evaluations against WCAG criteria. That distinction matters because it produces an accurate picture of your site’s accessibility status, not a partial one.
What Happens If You Get a Demand Letter?
A demand letter is often the first sign of a potential lawsuit. It typically comes from a plaintiff’s attorney, identifies specific accessibility issues on your website, and demands a monetary settlement plus a commitment to remediate.
Ignoring a demand letter does not make it go away. In many cases, the next step is a formal lawsuit filed in federal or state court. Responding quickly with an experienced ADA defense attorney gives you the best chance of resolving the situation efficiently.
Documentation of accessibility efforts can make a meaningful difference. If you can show an audit report, a remediation plan, and evidence of ongoing conformance work, your legal position is stronger than if you have nothing.
Who Is Most at Risk?
Ecommerce websites are the most frequently targeted in ADA lawsuits. Shopify stores, WooCommerce sites, and custom-built online stores appear in filings constantly. Restaurants, healthcare providers, financial companies, and educational institutions are also high-priority targets.
Business size does not provide protection. Small businesses with a single Shopify store get sued. Large enterprises with complex web apps get sued. If the website has accessibility issues and is open to the public, it is a potential target.
How Do You Reduce Your Risk?
The path to reducing legal risk starts with an accessibility audit. A qualified auditor evaluates your website against WCAG 2.1 AA or WCAG 2.2 AA criteria and delivers a report identifying every issue. From there, your development team works through remediation, fixing issues based on priority.
After remediation, validation confirms the fixes are correct. Ongoing monitoring and periodic re-evaluation keep the site in conformance as content changes over time.
Accessibility documentation, including an accessibility statement, an audit report, and certification documents, creates a record of your commitment. That record matters in court and in settlement negotiations.
Can a small business get sued over website accessibility?
Yes. Business size does not determine legal exposure under the ADA. Small businesses, including single-person ecommerce stores, are named in lawsuits regularly. The number of ADA website lawsuits filed against small businesses has grown every year.
How much does it cost to settle an ADA website lawsuit?
Most settlements for small to mid-size businesses fall between $5,000 and $25,000. Legal fees on top of that can range from a few thousand to tens of thousands of dollars. The total cost of a lawsuit almost always exceeds what it would have cost to make the website accessible proactively.
Is WCAG 2.1 AA or WCAG 2.2 AA the right standard?
WCAG 2.1 AA is the most widely referenced standard in legal contexts and the version specified in the ADA Title II web rule. WCAG 2.2 AA builds on 2.1 with additional criteria. Either version provides strong legal protection, though 2.1 AA remains the baseline expectation for ADA compliance.
Do automated accessibility scans protect you from a lawsuit?
No. Automated scans only flag approximately 25% of accessibility issues. They are useful for monitoring, but they cannot determine WCAG conformance. A manual audit by a qualified auditor is the only way to fully evaluate your website against WCAG criteria and build a defensible compliance record.
An inaccessible website is a legal liability, and the cost of inaction consistently outweighs the cost of getting it right. If your website has never been evaluated for accessibility, it is a matter of when, not whether, the risk catches up.
Contact Kris Rivenburgh to discuss your website’s accessibility and compliance needs.