You Used a Template. Your Site Is Still Broken. Your Liability Is Still Real.
Legal Disclaimer
A11yscan is not a law firm and does not provide legal advice. We operate under best practices based on WCAG Guidelines, ADA requirements, and applicable jurisdictions. Courts don't always agree on terms and expectations for web accessibility, and legal standards can vary by jurisdiction. However, an accessible website works better for all users regardless of legal requirements. For specific legal guidance, consult with a qualified attorney specializing in accessibility law.
You didn't build your website from scratch. You used Shopify. Or Squarespace. Or a WordPress template. Or Wix. Or some no-code builder.
Your legal team probably told you: "The platform handles accessibility. We're covered."
That's wrong. Dead wrong. And it's costing companies tens of thousands in settlements.
Here's the hard truth: using a platform doesn't absolve you of accessibility responsibility. If your site is inaccessible and someone files a legal claim under accessibility standards like the ADA or WCAG, the fact that you used a template is irrelevant. You own the liability.
The Dangerous Misconception: "The Platform Is Responsible"
This is what companies believe:
- "Shopify is WCAG compliant, so our store is."
- "Squarespace handles accessibility, so we don't have to."
- "WordPress plugins make our site accessible."
- "Wix's AI accessibility features take care of it."
All of these are false.
Here's why: Platforms provide foundational accessibility features. But they can't make YOUR content accessible. They can't ensure YOUR images have alt text. They can't verify YOUR forms are properly labeled. They can't guarantee YOUR videos have captions. They can't fix YOUR design choices that break accessibility.
The platform is responsible for the underlying code. YOU are responsible for how you use it.
Think of it like this: A car manufacturer makes cars with working brakes. But if you don't maintain your brakes, don't replace worn pads, and crash into someone, you're liable—not the manufacturer. The manufacturer is only liable if the brakes themselves failed.
Same with website platforms.
How Platforms Create False Security (And Why It Doesn't Protect You)
Scenario 1: Default Settings Aren't Accessible
You set up your Shopify store using the default theme. The theme technically includes accessibility options. But the default template has contrast ratios below WCAG standards. The buttons are smaller than recommended for accessibility. The navigation doesn't work with keyboard-only users.
You think "the platform is accessible." It's not. YOU need to customize it to be accessible.
When a user with visual impairments can't navigate your store and files a legal claim, the platform's defense will be: "Our platform CAN be configured to be accessible. The client chose not to."
Guess who loses?
Scenario 2: Content Is Your Responsibility
Your WordPress site uses an accessibility-friendly theme. Good. But you've uploaded 500 product images without alt text. Your videos have no captions. Your forms have fields with no labels.
The platform didn't do that. You did.
When a screen reader user can't access your product images and files a lawsuit, WordPress won't defend you. You're liable for YOUR content.
Scenario 3: Customizations Break Accessibility
You use Wix (which has decent accessibility defaults). But you hire a designer who customizes your site heavily. They use custom CSS that hides focus indicators. They build a drag-and-drop interface with no keyboard alternative. They create a navigation menu that breaks screen reader compatibility.
Wix's default accessibility didn't account for your customizations. Now your site is broken. Wix is not liable. YOU are.
Scenario 4: Platform Updates Break Things
Your Squarespace site was accessible. Then Squarespace released an update. Your site breaks for mobile screen reader users. The update wasn't backwards compatible with your configuration.
You should have tested the update before deploying. You didn't. Your site is now inaccessible. You're liable.
The Legal Reality: Platforms Don't Shield You from Liability
Courts have consistently held that businesses cannot outsource their accessibility responsibility to platform providers. The principle is straightforward:
Using a platform with accessibility features does not relieve you of responsibility for ensuring your website is actually accessible.
Recent litigation trends show that courts reject the "the platform is accessible" defense when:
- Content (images, video, forms) lacks accessibility features (alt text, captions, labels)
- Configuration choices create barriers (low contrast, small buttons, missing navigation)
- Customizations break accessibility (JavaScript interactions, design changes)
The courts don't care that you used Shopify, Squarespace, or WordPress. They care that your website violates accessibility standards. And responsibility for that falls on you, not your platform provider.
The principle: Generally recognized legal standards establish that businesses bear ultimate responsibility for the accessibility of their websites, regardless of the platform used. Your platform choice does not diminish your accessibility obligations.
Platform Disclaimers: What They Actually Say (vs. What Companies Think They Say)
Most platforms include disclaimers about accessibility. Here's what they actually mean:
What companies think: "Our platform is WCAG compliant, so our site is automatically accessible."
What the platform actually says: "Our platform CAN BE configured to meet WCAG standards IF used correctly AND IF content is properly created AND IF customizations don't break accessibility."
Read the fine print. Shopify doesn't say your store is WCAG compliant. They say their framework CAN support WCAG compliance. Squarespace doesn't guarantee accessibility. They provide accessibility features you must use correctly.
There's a massive difference between "the platform is accessible" and "the platform provides tools to make your site accessible."
What You're Actually Liable For (Even If You Used a Platform)
- All content: Images, video, documents. If they lack alt text, captions, or transcripts, you're liable.
- Configuration: How you set up your platform. If your settings create accessibility barriers, you're liable.
- Customizations: Any code or design changes you made. If they break accessibility, you're liable.
- Updates and maintenance: If you haven't tested your site after platform updates, you're liable for new barriers that emerge.
- Third-party integrations: Plugins, apps, or external code you installed. If they break accessibility, you're liable.
- User experience decisions: Forms, navigation, checkout flows. If they're not accessible, you're liable.
Basically: you're liable for everything except the underlying platform code itself (and even then, only if the platform legitimately failed to disclose limitations).
Real Litigation Trends: Companies That Thought Their Platform Protected Them
E-Commerce Platforms: Many retail companies using hosted platforms (Shopify, BigCommerce, WooCommerce) have faced accessibility claims. Primary barriers: missing alt text on product images, inaccessible checkout forms, and low-contrast product descriptions. Typical outcome: settlements ranging from $10,000 to $100,000+ plus remediation costs.
SaaS Dashboards: Software companies using no-code or low-code platforms have faced claims when dashboards weren't keyboard accessible or screen reader compatible. Primary barriers: JavaScript interactions without keyboard support, missing form labels, and poor focus management. Typical outcome: $15,000 to $75,000+ in settlement and remediation.
Restaurant & Service Websites: Businesses using website builders (Wix, Weebly, GoDaddy) have faced claims when menus, booking systems, and reservation forms weren't accessible. Primary barriers: images without alt text, forms without labels, and inaccessible interactive elements. Typical outcome: $5,000 to $50,000+ depending on scope and settlement negotiations.
Common thread: "The platform is accessible" was not a successful defense in any of these cases. The focus was on whether the specific website was accessible, not whether the underlying platform had accessibility features.
Why Companies Get This Wrong
1. Platforms market themselves as "accessible"
Squarespace's marketing: "Build an accessible website." What they mean: "We have accessibility features available." What companies hear: "Your website is automatically accessible."
2. Accessibility seems technical, so companies assume the platform handles it
Companies think: "We're not developers. The platform must be handling this." Wrong. The platform handles the foundation. You handle everything else.
3. No one tests until someone files a claim
Most companies never test their site with a screen reader. Never test keyboard navigation. Never verify color contrast. They assume the platform did it. Then they get sued and realize they didn't.
4. Legal teams give incomplete guidance
Some legal teams tell clients: "We used an accessible platform, so we're covered." That's not how accessibility liability works. Your platform choice is irrelevant to your legal obligation to provide accessible content.
What You Should Actually Do Right Now
1. Stop assuming the platform handles accessibility
It doesn't. You need to verify your site is actually accessible. This requires testing, not assumptions.
2. Audit your entire site
Get a professional accessibility audit. Find out what's broken. Document it. Make a plan to fix it.
Don't rely on your platform's built-in scanner. They're incomplete. You need a real audit that covers:
- All content (images, video, documents)
- All functionality (forms, navigation, interactive elements)
- All pages (not just the homepage)
- All devices (desktop, tablet, mobile)
- Screen reader compatibility
- Keyboard navigation
- Color contrast and visual accessibility
3. Create an accessibility policy
Document your accessibility requirements. Train your team. Make accessibility part of your development process. Before publishing anything new, verify it's accessible.
4. Test regularly
After every platform update. After every design change. After every new feature. Test with assistive technology. Test with keyboard-only users. Test on mobile.
5. Get liability insurance
Some insurance policies cover accessibility/compliance claims. Worth asking your broker.
The Hard Truth
You're a business. Your website is a business asset. It represents your brand and your business. If it excludes people due to accessibility barriers, that's YOUR problem, not the platform's.
The courts don't care that you used Shopify, Squarespace, Wix, or WordPress. They care that your website violates accessibility standards. And that responsibility falls on you.
Using a platform is fine. It's efficient. But it doesn't absolve you of your legal obligations. If anything, it increases your risk because you might believe you're covered when you're not.
Bottom line: You're responsible. Your platform's accessibility features are a starting point, not a finish line. Your content, your configuration, your customizations—all your liability.
Act accordingly.