Accessibility Lawsuits Are Rising, Not Slowing Down
Website accessibility lawsuits under the Americans with Disabilities Act (ADA) have been climbing for years, and small businesses are increasingly named alongside large retailers. Most of these cases never reach trial — they’re settled quietly, often for a few thousand dollars plus a commitment to fix the site, but the legal exposure and the disruption are real regardless of the eventual outcome.
The core legal question courts keep returning to is whether a website counts as a “place of public accommodation” under the ADA. Courts have gone both ways on this over the years, but the safer practical assumption for a small business is that a website serving the public carries real accessibility exposure, whatever the current state of the case law in a given circuit.
What Actually Triggers a Complaint
Most accessibility complaints follow a predictable pattern: a screen reader or keyboard-only user can’t complete a core task — filling out a contact form, navigating the menu, reading text with insufficient colour contrast, or encountering images with no alt text on a page central to the business (a menu, a product catalogue, a booking form). Complaints are rarely about theoretical perfection; they’re about a small number of concrete, real barriers.
The Fixes That Matter Most
A handful of fixes address the majority of real-world complaints: alt text on every meaningful image, keyboard navigability for menus and forms (not just mouse/touch), sufficient colour contrast on text, and properly labelled form fields. None of these require a site rebuild — most are targeted fixes to existing pages and themes.
A quick, free scan is usually enough to catch the most common and highest-risk issues before investing in a full manual audit.
Beyond the Legal Risk
It’s worth separating the legal-risk framing from the practical one: an accessible site also reaches more customers directly — an estimated 1 in 4 adults in the US has some form of disability. Fixing accessibility issues is rarely just risk management; it’s also addressing a real, currently underserved slice of potential customers.
Not sure where your site stands? Run our free Website Accessibility Checker for a quick scan, and see our full accessibility guide for the fixes that matter most.
Frequently Asked Questions
Can a small business really be sued over website accessibility?
Yes — small businesses are increasingly named in these cases, though most are settled rather than tried, typically for a modest amount plus a commitment to fix the site.
Does WordPress make a site automatically accessible?
No — WordPress itself has no accessibility guarantee, and both the theme and any content added on top (images, forms, custom layouts) affect real-world accessibility.
How do I know if my site has accessibility issues?
A free automated scan catches the most common and highest-risk issues quickly; a full manual audit with an assistive-technology user goes further for a business with higher exposure or more complex functionality.
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