Defending ADA Website Lawsuits in New York

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The digital landscape is facing increasing scrutiny from the legal system. Among the topics providing a legal nuisance to business owners is the rise of Americans with Disabilities Act (ADA) website lawsuits. 

Particularly in New York, businesses of all sizes are seeing a surge in lawsuits alleging website noncompliance with ADA regulations. We have represented many hundreds of businesses in ADA website lawsuits in New York. Our managing attorney, Nolan Klein, has been interviewed as an expert on ADA lawsuits in the Wall Street Journal and on 60 Minutes, has taught multiple classes about ADA litigation and ADA website lawsuits, and is the author of the ADA Law & Lawsuits guidebook.​

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If you are facing an ADA website lawsuit filed against your business in New York, call us for a free consultation. The call will cost you nothing, and could make all the difference to your case.

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The Rise of ADA Website Lawsuits in New York

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New York has become a hotspot for ADA website lawsuits. This is  largely because of the favorable treatment that these cases have received in New York courts, combined with jurisdictional rules that allow for claims against businesses outside New York based on the availability of their website inside the state. New York has developed into a generally favorable state for ADA plaintiffs in website cases, due to the legal precedents established through past cases.

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Trends in New York website ADA litigation include:

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Increase in Litigation: Thousands of ADA-related website lawsuits are filed annually in the U.S., with New York consistently ranking as one of the top states for such claims.

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Serial Plaintiffs: Many lawsuits in New York stem from a small group of serial plaintiffs who file hundreds of claims against different business websites.

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Targeting Small and Medium Businesses: Large corporations are often well-equipped to handle ADA compliance and have ADA compliant websites. Smaller businesses are now being targeted as they are more likely to lack resources or awareness.

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Expanding Scope: Initially, most lawsuits targeted e-commerce companies, but now industries like hospitality, healthcare, and local service providers are also in the spotlight.

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​Defense Strategies Against New York ADA Website Lawsuits

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1. Challenge the Plaintiff’s Standing

One strategy involves questioning whether the plaintiff has legal standing. For instance, if no actual harm, such as an inability to make a purchase, can be proven, the case may not hold.

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2. Prove Reasonable Accessibility Efforts

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Courts recognize that achieving full compliance is complex. 

Demonstrating good-faith efforts to enhance accessibility, such as audits and staff training, can help defend against claims of negligence.

3. Retain Experienced Legal Representation

ADA claims are highly technical. Partnering with legal professionals who specialize in ADA compliance ensures the strongest possible defense. Attorneys can identify loopholes in the plaintiff's case or seek settlements that mitigate costs.

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​Best Practices for avoiding an ADA Website Lawsuit in New York

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ADA lawsuits are often avoidable. Proactive steps can save businesses the financial and reputational costs of legal action.

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1. Conduct an Accessibility Audit

Engage an expert or use AI tools to run a comprehensive audit of your website. These audits highlight areas that fail to meet ADA standards, allowing you to prioritize fixes.

2. Follow WCAG Guidelines

The Web Content Accessibility Guidelines (WCAG) provide a global benchmark for web accessibility. Focus on meeting WCAG Level AA standards, which cover text alternatives, adaptable content, and keyboard operability.

3. Use Accessible Design Practices

Add clear and descriptive alt-text for images. Ensure videos have captions or transcripts. Use headings and subheadings correctly for clear navigation. Maintain proper color contrast ratios for text readability.

4. Train Your Team

Educate your team on the importance of accessibility, so efforts extend beyond one-time fixes and become embedded in your ongoing business operations.

5. Stay Updated

ADA standards evolve as technology advances. Regularly update your compliance measures to reflect these changes.

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Dealing with a New York ADA website lawsuit can be feel daunting, but our law firm has dealt with these cases repeatedly, and we are here to guide and assist you with this issue. Call or email us for a free consultation, and we will walk you through the entire process or handling your website ADA case.   ​ ​​