Lawsuit Trends
Web accessibility lawsuits have been increasing year over year since 2017. Thousands of ADA Title III lawsuits are filed in federal court annually, with many more claims resolved through demand letters and state court filings before reaching federal court.
Industry Breakdown
Some industries face higher lawsuit volume due to their digital presence and legal exposure:
E-commerce and Retail: Online shopping sites are the most frequent targets
Food Service: Restaurants and food delivery platforms are commonly targeted
Travel and Hospitality: Hotels, airlines, and booking sites face significant volume
Entertainment: Ticketing, streaming, and media sites increasingly targeted
Healthcare: Growing area due to patient portal requirements
Financial Services: Banks and fintech companies face regulatory and lawsuit pressure
Common Targeting Factors
A relatively small number of law firms file the majority of web accessibility lawsuits. Common targeting factors include: high traffic e-commerce sites, sites with obvious accessibility issues detectable by automated scans, companies without accessibility statements, and businesses that have settled previous claims.
Settlement Costs
Most ADA web accessibility lawsuits settle before trial. Settlement costs vary widely based on company size, severity of issues, and whether it's an individual or class action. Attorney fees and remediation costs often add significantly to the total expense.
Compliance Overlay Ineffectiveness
Despite marketing claims, accessibility overlay widgets do not prevent lawsuits. Lawsuits have been filed against websites using accessibility overlays, and major overlay providers have themselves been named in lawsuits. Organizations relying on overlays should transition to genuine WCAG compliance through proper remediation.
Reducing Lawsuit Risk
Organizations can significantly reduce accessibility lawsuit risk through:
Conducting regular accessibility audits
Remediating identified issues promptly, prioritizing high-impact problems
Publishing an accessibility statement with contact information for issues
Providing an accessible feedback mechanism for users to report barriers
Implementing continuous monitoring to catch new issues
Training development teams on accessibility best practices