In today’s digital economy, a business’s website is more than a marketing tool — it’s often the first point of contact with customers, the primary sales engine, and, increasingly, a legal liability. Across the country, lawsuits alleging violations of the Americans with Disabilities Act (ADA) have surged, targeting businesses whose websites fail to meet accessibility standards.
While many attorneys are prepared to defend clients against employment claims, contract disputes, or regulatory compliance issues, fewer are proactively counseling clients on the silent threat posed by their websites. For attorneys representing businesses of all sizes — from local shops to national corporations — ADA website compliance is no longer optional. It’s a rapidly expanding field of litigation, and ignoring it could expose clients to unnecessary lawsuits and reputational harm.
This blog post unpacks why ADA compliance has become a pressing legal issue, what attorneys must understand about web accessibility, and how you can position yourself as a trusted advisor by helping clients identify and mitigate this hidden risk.
Frequently Asked Questions
Yes. Courts have ruled that websites of businesses considered “places of public accommodation” under Title III of the ADA must be accessible to individuals with disabilities.
The Web Content Accessibility Guidelines (WCAG) 2.1 or 2.2, Level AA, are widely accepted as the industry benchmark. While not codified into U.S. law, they are referenced in settlements, DOJ guidance, and case law.
While retail, hospitality, healthcare, and education are common targets, no sector is immune. Even small businesses like local restaurants and law firms have been sued.
No. Lack of awareness is not a defense. Courts expect businesses to make reasonable efforts to comply.
Accessibility remediation may cost anywhere from $3,000 to $20,000, depending on the site’s complexity. Litigation and settlements often cost multiples of that, not including attorney fees and reputational harm.
Yes. A clear statement shows good faith and outlines steps being taken, which can mitigate risk and build trust.
Attorneys should advise clients of their obligations, encourage proactive compliance, and ensure contracts with vendors include accessibility requirements. While technical fixes fall to developers, attorneys provide the legal framework and risk assessment.
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