Understanding ADA Lawsuits: Can Fixing Accessibility Issues Make the Lawsuit Void?
When it comes to digital accessibility, businesses are under increasing pressure to comply with the Americans with Disabilities Act (ADA). With lawsuits over inaccessible websites becoming more frequent, many companies wonder: If we fix accessibility issues after being sued, can we make the lawsuit go away?
The short answer is no. Fixing accessibility issues does not automatically dismiss the case. However, it can influence the outcome and play a critical role in settlement negotiations. Let’s break down why that is.
In this blog, we explain why fixing accessibility issues is necessary and how to navigate ADA lawsuits.
Understanding the ADA and Accessibility
The Americans with Disabilities Act (ADA), enacted in 1990, ensures that individuals with disabilities have equal access to all areas of public life, including websites. The ADA mandates that businesses take appropriate steps to fix barriers that may prevent users from accessing their services.
When a website is found to be inaccessible it presents challenges for users with assistive technologies, such as poor color contrast, missing alternative text for images, inaccessible forms and interactive elements, or issues with navigational features.
The Nature of ADA Lawsuits
While fixing these accessibility issues is crucial and demonstrates a good faith effort to comply with the ADA, addressing the problems alone does not automatically void the lawsuit.
A key point to understand is that legal action often stems from violations that occurred at a specific point in time. The lawsuit addresses the condition of the website when the individual first encountered accessibility issues, not the current state. Even if the business immediately begins working on fixes, the lawsuit is still valid as it pertains to the alleged violations that occurred before the fixes were implemented.
Additionally, despite removing the specific accessibility barriers cited in the lawsuit, the scope of the lawsuit may extend beyond those issues. Plaintiffs may have other claims related to accessibility that are not addressed merely by fixing the highlighted problems.
There’s also a potential scenario that, once a lawsuit is filed, the plaintiff may seek ongoing compliance or monitoring to ensure that the website remains accessible. Addressing the initial issues does not guarantee that further violations will not occur, nor does it eliminate the need for continuous improvement.
How Achieving ADA Compliance Can Help the Legal Case
While solving accessibility issues doesn’t make the lawsuit go away, it can still help the case. Taking prompt action to fix accessibility problems can show the court and the plaintiff that your business is committed to compliance. This can potentially lead to negotiating a lower settlement or even a dismissal if the plaintiff feels that their concerns have been addressed. However, this isn’t guaranteed, and the lawsuit may proceed regardless.
What Steps Should Be Taken After Fixing Accessibility Issues?
- Consult Legal Counsel: If you have been served with an ADA lawsuit, it is advisable to consult with legal counsel experienced in ADA compliance. They can provide guidance on the best course of action and help you navigate the legal complexities involved. We can provide a list of reputable attorneys that you may wish to contact.
- Document Your Efforts: Keep detailed records of the steps taken to fix accessibility issues. This documentation can be valuable if the case goes to court or during settlement negotiations, as it shows a proactive approach to compliance. If you work with EcomBack, we will provide conformance documentation, certification documentation, and user testing proof of accessibility, and VPATs.
- Engage in Settlement Discussions: If possible, engage in discussions with the plaintiff or their representatives to explore settlement options. This can often lead to a quicker resolution than going through a protracted legal battle. Typical ADA website lawsuit settlements range from $2500 to $20,000. The plaintiff in NY cases typically gets $500. The plaintiff in California can receive $4500. The rest goes to their attorneys.
- Commit to Ongoing Accessibility: Beyond the immediate issues raised in the lawsuit, ensure that your organization is committed to ongoing accessibility. This includes regular audits, updates, and training for your team on best practices for web accessibility.
Conclusion
In conclusion, the legal process surrounding website accessibility is complex, and resolving an ADA lawsuit typically requires more than just fixing the reported problems. By taking proactive steps to engage with legal counsel and improve your website’s accessibility, you can better navigate an ADA-related lawsuit.
EcomBack specializes in providing comprehensive accessibility solutions tailored to your specific needs. Our team conducts thorough audits, implements effective remediation strategies, and ensures ongoing compliance with WCAG and ADA standards.
Contact EcomBack now to perform an accessibility audit.
The information provided in this blog is for informational purposes only and shouldn’t be taken as legal advice.
