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Accessibility Lawsuits: What You Need to Know
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Accessibility Lawsuits: What You Need to Know

Digital accessibility lawsuits are rising sharply, and they affect businesses of all sizes. Understanding why they happen, who gets targeted, and how to prevent them is essential for any organization with a web presence.

Why Accessibility Lawsuits Happen

Websites have become the primary way customers access essential services. When core workflows — purchasing products, placing food orders, booking appointments, or refilling prescriptions — are inaccessible to people with disabilities, litigation follows quickly.

The legal foundation is the Americans with Disabilities Act (ADA). Title III of the ADA requires “places of public accommodation” to be accessible. Courts increasingly treat websites as places of public accommodation, especially when they serve as the primary interface between a business and its customers.

There is no explicit technical standard written into the ADA for websites, but courts and the Department of Justice have consistently pointed to WCAG 2.1 Level AA as the de facto benchmark for web accessibility compliance.

“These industries share a common complaint. Their websites are the primary way customers access essential services. When core workflows such as purchasing, ordering, booking, or refilling prescriptions are inaccessible, litigation follows quickly.”

— UsableNet ADA Web Lawsuit Trends Report, 2026

The scale of digital accessibility litigation continues to grow:

A prior lawsuit significantly increases future risk. The pattern is familiar: a settlement, limited remediation, then a new plaintiff files a new complaint.

Source: UsableNet ADA Web Lawsuit Trends 2026

Who Gets Sued — and by Whom

Industries Most Targeted

Industry Share of Lawsuits Why
E-commerce 70% Online purchasing is the core customer workflow
Food Service 21% Ordering, delivery, and menu access
Healthcare 2-3% Prescription refills, patient portals, appointment booking
Other ~5% Education, travel, entertainment, financial services, fitness

The common thread is clear: industries where the website is the primary way customers access essential services are the most frequently sued.

Who Files the Lawsuits

A small number of plaintiff law firms account for the majority of filings. These firms use standardized complaints and systematic, coordinated litigation approaches. The most active firms in recent years include Mizrahi Kroub LLP, Equal Access Law Group, Gottlieb and Associates, Stein Saks, and Shaked Law Group.

This means lawsuits are not random — firms actively identify websites with accessibility barriers and file on behalf of affected users.

Company Size Does Not Protect You

While 36% of sued companies had revenue over $25 million, businesses of all sizes are targets. If your website has accessibility barriers and users in high-activity states (New York, California, Florida) can access it, you are at risk. Courts in these states have been clear: if users in their jurisdiction can reach your website, cases can proceed.

What Triggers a Lawsuit

The most common accessibility barriers that lead to legal action include:

Accessibility Overlays Do Not Protect You

Accessibility overlay widgets — third-party tools that add a toolbar or badge to your site — do not materially reduce legal risk. Courts expect substantive, code-level remediation. In fact, overlay widgets frequently appear in lawsuit complaints not as evidence of compliance, but as evidence of unresolved barriers. If you have an overlay on your site, it is not a substitute for fixing the underlying code.

How to Prevent Accessibility Lawsuits

1. Test Regularly with Automated Tools

Automated accessibility testing catches the most common violations quickly. Tools like CodeFrog (powered by axe-core) can scan your pages for WCAG violations and provide specific guidance on how to fix them.

2. Fix Code-Level Issues

Substantive remediation means fixing the actual HTML, CSS, and JavaScript that creates barriers. This includes adding alt text, fixing heading structure, ensuring keyboard accessibility, and improving color contrast. Surface-level fixes (overlays, widgets) are not enough.

3. Follow WCAG 2.1 AA

WCAG 2.1 Level AA is the accepted standard. It covers four principles: content must be Perceivable, Operable, Understandable, and Robust (POUR). Meeting AA provides strong legal standing.

4. Test with Real Assistive Technology

Automated tests catch roughly 30-60% of accessibility issues (Deque Automated Accessibility Coverage Report). Manual testing with screen readers (VoiceOver, NVDA, JAWS) and keyboard-only navigation is essential to catch the rest.

5. Monitor Ongoing Compliance

Accessibility is not a one-time fix. Every new page, feature, or content update can introduce new barriers. Regular testing and monitoring ensures you stay compliant over time.

6. Publish an Accessibility Statement

An accessibility statement on your website demonstrates commitment to compliance and provides a channel for users to report issues before they escalate to litigation. See CodeFrog’s accessibility statement as an example.

7. Address Issues Before a Complaint Arrives

Proactive remediation is far less expensive and disruptive than responding to a lawsuit. If you know your site has accessibility issues, fix them now rather than waiting for a demand letter.

How CodeFrog Helps

CodeFrog provides the tools you need to identify and fix accessibility issues before they become legal problems:

Key Takeaways

  1. Accessibility lawsuits are not slowing down — over 5,000 were filed in 2025 alone
  2. E-commerce is the top target at 70% of all cases, but food service, healthcare, and other industries are also at risk
  3. Overlays and widgets do not protect you — courts expect code-level fixes
  4. Prior lawsuits increase future risk — incomplete remediation leads to repeat litigation
  5. Proactive testing and remediation is the best defense — fix issues before they become complaints
  6. WCAG 2.1 AA is the standard — following it provides the strongest legal standing

External References

Accessibility compliance is not just a legal obligation — it is a business imperative. Proactive testing and remediation protects your organization, expands your audience, and ensures everyone can use your digital products.