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Curve of ADA lawsuit filing flattens out

On Behalf of | Jul 31, 2020 | ADA |

Residents and business owners in California may want to be aware of this recent article regarding the lessening of lawsuits involving website ADA compliance. With 2017 to 2018 as a year of “explosive” lawsuits, 2018 to 2019 showed that this type of litigation has leveled off.

According to Law.com there was a tremendous increase in ADA website compliance lawsuits by 2018; they increased by 177 percent. The increase went from 814 to 2,258, as tracked by Seyfarth Shaw partners.

There had been a gradual increase since 2016 when the number went from 262 cases to 814 cases in 2017. By 2019, the number had leveled off at 2235 cases. This was affected by the wait for the outcome of the Robles vs Domino’s Pizza case, where Domino’s was sued for not being accessible to blind pizza-lovers.

In 2019, retail had the most lawsuits. The food industry followed, with entertainment and leisure next. Travel was next in line. These are highly visible websites, so compliance and non-compliance is fully noted.

Some food companies had multiple lawsuits, with 20 percent of the top 100 U.S. restaurant chains sued for their websites. Since 2017, 60 percent of the top 100 U.S. restaurant chains have been named in an ADA web or app accessibility case, according to one source.

Commercial, industrial, hotel, apartments and businesses may encounter lawsuits regarding ADA compliance. Even though the amount of claims against those businesses with websites has decreased, there still remain claims that websites are not accessible and violate ADA. There are also claims that mobile apps are not accessible. ADA lawsuit abuse is a real concern; an attorney who is versed in ADA website law can be helpful in
resolving this type of litigation. Businesses owners may be sued, and an attorney who is knowledgeable in this field might be needed.