Businesses throughout New York are facing an unprecedented increase in website accessibility lawsuits. These cases are often filed by a small group of plaintiff law firms that allege violations of disability access laws based on the content and functionality of business websites. One firm frequently associated with these claims is Mizrahi Kroub LLP.
At Bashian & Papantoniou, P.C., through New York ADA Defense, we represent businesses that have been served with website accessibility complaints and other disability-related lawsuits. We understand the legal theories advanced by plaintiffs’ counsel, the procedural strategies used in these cases, and the defenses available to businesses facing litigation.
Understanding Website Accessibility Lawsuits
A typical website accessibility lawsuit alleges that a company’s website is not fully compatible with screen-reader technology used by individuals who are blind or visually impaired. In these cases, plaintiffs frequently claim that they attempted to access products, services, or information through a website but encountered barriers that prevented equal access.
The complaints often cite alleged issues such as:
- Missing alternative text for images.
- Improper website navigation structure.
- Pop-up windows that are not readable by screen-reader software.
- Forms that cannot be completed using assistive technology.
- Incompatibility with programs such as NVDA, JAWS, or other screen readers.
- Alleged failures to comply with Web Content Accessibility Guidelines (WCAG).
Many complaints also seek injunctive relief requiring website modifications, attorney’s fees, costs, and statutory damages under New York law.
Common Allegations
In a recently filed New York lawsuit, the plaintiff alleged that a business website contained barriers that prevented a visually impaired individual from independently navigating the site and purchasing products. The complaint claimed that screen-reader software could not properly interpret website content, images lacked sufficient text descriptions, and certain website features interfered with accessibility technology. It further alleged violations of the New York State Human Rights Law, New York Civil Rights Law, and New York City Human Rights Law.
These allegations are representative of claims being filed against businesses across New York every day.
Not Every Case Is the Same
Although plaintiffs often use similar allegations and legal theories, every case must be evaluated individually. For that reason, businesses frequently have viable defenses that may significantly affect the outcome of litigation.
Key issues may include:
- Whether the plaintiff actually attempted to use the website.
- Whether the plaintiff suffered a legally recognizable injury.
- Whether the alleged barriers existed at the relevant time.
- Whether the claims are supported by admissible evidence.
- Whether the website was already undergoing remediation.
- Whether jurisdictional or procedural defenses exist.
A thorough review of the complaint, website architecture, and factual circumstances is essential before making any decisions regarding settlement or litigation strategy.
Why Early Legal Representation Matters
Many business owners are surprised when they receive a summons and complaint alleging website accessibility violations. As a result, delaying action can limit available options and increase litigation expenses.
Early involvement by experienced defense counsel allows businesses to:
- Preserve important evidence.
- Analyze technical website issues.
- Coordinate with accessibility consultants.
- Evaluate litigation risks.
- Explore early resolution opportunities when appropriate.
- Develop a comprehensive defense strategy.
The sooner a business obtains legal guidance, the greater its ability to control costs and protect its interests.
How Bashian & Papantoniou P.C. Defend These Cases
Our firm has represented businesses sued in New York courts for alleged accessibility violations. We understand the recurring allegations, the legal landscape surrounding website accessibility litigation, and the practical realities facing business owners.
Our approach includes:
- Comprehensive complaint analysis.
- Evaluation of standing and legal sufficiency.
- Review of website accessibility issues.
- Strategic motion practice when appropriate.
- Negotiation and resolution efforts.
- Aggressive litigation defense when necessary.
We work closely with clients to develop practical solutions that address legal concerns while minimizing disruption to business operations.
Contact Bashian & Papantoniou, P.C.
If your business has been served with a website accessibility lawsuit, do not assume that the allegations are uncontestable. Every case deserves careful legal analysis and a defense strategy tailored to the specific facts.
The attorneys at Bashian & Papantoniou, P.C. are prepared to evaluate your case, explain your options, and help protect your business. Contact New York ADA Defense today for a confidential consultation regarding ADA website litigation, accessibility claims, and disability discrimination lawsuits filed in New York.
