The Surge in Web Accessibility Lawsuits
Q1 2025: A Record‑Breaking Start
Over 1,200 web accessibility lawsuits were filed in Q1 2025—an average of over 400 each month—making March’s 457 filings the second‑highest monthly total since tracking began.
Notably, more than 25 percent of March’s suits targeted sites already deploying “accessibility widgets,” underlining that overlays alone aren’t a safe harbor.
Historical Context and Growth Trends
In 2023, plaintiff firms filed over 4,500 ADA‑related web and app accessibility lawsuits—roughly 80–100 per week—with e‑commerce businesses among the most frequent defendants.
State courts in New York and California accounted for a rising share of filings, even as federal ADA suits numbered about 2,400 in 2024, complemented by some 1,600 state‑level cases.
Experts project that total ADA claims could reach 8,500 by year‑end 2024, up from roughly 4,280 Title III lawsuits recorded by mid‑2024.
Why Companies Are Being Sued
Under the ADA and related state statutes (e.g., California’s Unruh Act), plaintiffs may recover up to $4,000 per violation, creating a powerful incentive for suits—even by serial filers.
Websites with major accessibility barriers—missing alt text, poor keyboard navigation, inadequate ARIA tagging—remain easy targets for litigation and costly settlements.
The European Accessibility Act: A New Compliance Milestone
The EU’s European Accessibility Act (EAA), adopted in 2019, takes effect on 28 June 2025, harmonizing accessibility rules across member states and covering products and services from websites to banking apps.
Non‑compliance under the EAA carries “effective, proportionate and dissuasive” penalties, and individuals will be able to file complaints before national authorities or courts.
As of June 2022, member states have been translating the directive into national law; now is the time to verify that your digital assets meet WCAG‑based requirements well before the June 2025 enforcement date.
Common Pitfalls and False Solutions
Accessibility widgets and overlays often promise quick fixes but have been widely criticized as inadequate, sometimes introducing new barriers or giving a false sense of compliance.
Reliance on automated “one‑click” tools without manual review or user testing leaves many real‑world issues unaddressed, from mislabeled form fields to broken skip‑links.
Proactive Strategies to Avoid Lawsuits
1. Comprehensive Accessibility Audits
- Automated scanning (e.g., axe, WAVE) to catch obvious code issues.
- Manual review by certified auditors against WCAG 2.1/2.2 success criteria.
- Assistive‑technology testing (screen readers, keyboard‑only navigation).
- User testing with people with disabilities to surface real‑world barriers.
2. Targeted Remediation & Continuous Monitoring
- Source‑level fixes: correct semantic HTML, ensure proper ARIA usage, add alt text.
- Ongoing regression checks: integrate accessibility tests into CI/CD pipelines.
- Policy & governance: establish accessibility guidelines and training for all teams.
3. Accessibility Training & Culture
- Developer training on inclusive coding practices.
- Design workshops to embed accessibility in UX/UI workflows.
- Executive briefings to align leadership on legal risks and brand benefits.
Why Partner with KSR
Our specialist auditors combine deep technical expertise, real‑world assistive‑technology testing, and organizational consulting to:
- Deliver a detailed roadmap for remediating every barrier.
- Integrate automated and manual testing into your development lifecycle.
- Provide hands‑on training to keep your team proficient and your site compliant.
With Europe’s EAA enforcement looming and U.S. litigation at unprecedented levels, an end‑to‑end accessibility audit is your best defense—transforming compliance from a legal checkbox into a competitive differentiator. Contact us today to schedule your audit and safeguard your brand against the rising tide of accessibility litigation.