Lawsuits under the Americans with Disabilities Act (ADA) are increasing, and many are targeting small business owners and landlords who never saw them coming.
In many cases, the plaintiff is not a customer or tenant, and no one was denied access or harmed. Despite that, a lawsuit can still arrive at your doorstep.
These cases often begin with a surprise inspection. Someone may visit your business not to engage with it, but to look for technical violations. They may measure ramp slopes, check door widths, review restroom access, or scan your website for compatibility with accessibility tools. Weeks later, you may receive a demand for thousands of dollars or even be served with a federal complaint.
The Rise of “Tester” Lawsuits
Many of these cases are what are known as “tester lawsuits.” These are filed by individuals or organizations who visit multiple businesses or websites solely to identify ADA violations. They often partner with law firms that file dozens or even hundreds of nearly identical lawsuits across a state or the country.
In most situations, the real goal is a quick settlement, not a meaningful fix.
The numbers show how significant this trend has become. In 2022, more than 3,225 ADA website accessibility lawsuits were filed in federal court—a 12 percent increase from the year before. These cases are particularly common in states like New York, New Jersey, and Florida.
Common ADA Triggers for Litigation
For physical properties, frequent claims include:
- Missing or incorrect signage
- Lack of accessible parking spaces
- Entryways or restrooms that do not meet ADA standards
- Service counters that are too high
For websites, the U.S. Department of Justice has stated that websites must be accessible to people with disabilities under the ADA. Common claims include:
- Incompatibility with screen reader software
- Images without alt text
- PDFs or forms that cannot be used with assistive technology
- No keyboard-only navigation options
- Inaccessible menus or broken links
Even businesses that rely on automated accessibility tools may still face lawsuits, as these tools often fail to meet evolving standards.
What the Law Actually Requires
The ADA does not require perfection.
For buildings constructed before 1992, the law only requires changes that are “readily achievable”—meaning changes that can be made without significant difficulty or expense. Older buildings are not necessarily required to undergo major renovations unless they have been substantially altered.
When it comes to websites, there are no formal federal regulations that define specific accessibility requirements. However, the Department of Justice encourages businesses to follow the Web Content Accessibility Guidelines (WCAG), with Level AA of WCAG 2.1 widely recognized as the industry standard.
Courts will still evaluate whether a business has taken reasonable steps to improve accessibility. Once a lawsuit is filed, even if the claims are weak, defending yourself costs valuable time and money.
Why You Should Not Settle Without Legal Advice
Many small businesses and landlords feel pressured to settle quickly, especially when facing legal fees or the threat of prolonged litigation. However, a quick settlement can create long-term problems. It may even make you a target for additional lawsuits by signaling that you are an easy mark.
Our firm understands the tactics used in these types of mass filings. Depending on the facts of your case, there may be grounds to have the complaint dismissed early or to negotiate a more favorable resolution.
Preventive Action Is the Best Protection
If you own commercial property or operate a business with a public-facing website, now is the time to assess your risk. A legal review of your property and online presence can help you address potential issues before they lead to costly litigation.
At Semeraro & Fahrney, LLC, we regularly assist landlords, property managers, and small business owners with ADA defense and compliance strategies.
If you have been sued, received an ADA demand letter, or simply want to take proactive steps to reduce your risk, contact our office today for a free consultation. Our experienced attorneys, including Mark Semeraro and Scott Fahrney, are here to provide the guidance and support you need.
