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Lawsuit Alert: The Top 5 Accessibility Failures That Get Your Website Sued

Kim Alfonso on January 8, 2026

In the digital era, your website is considered a place of public accommodation. If a person with a disability cannot access your site, complete a purchase, or use a key service, it creates a potential legal liability under accessibility laws like the Americans with Disabilities Act (ADA) in the U.S.

The majority of digital accessibility lawsuits stem from a few core, preventable technical failures. By fixing these five issues, you drastically reduce your legal risk and immediately make your site usable for millions more people.

1. Missing or Improper Alternative Text (Alt Text)

The most frequent and easiest-to-detect violation.

  • The Barrier: Images on your site—from product photos and charts to important icons—lack a text description in their code (Alt Text).
  • The Impact: A person who is blind and uses a screen reader cannot access the visual information. The screen reader simply skips the image or reads a useless file name like “IMG_4920.jpg”. This is particularly damaging on e-commerce sites where the image is the product.
  • The Fix (WCAG 1.1.1): Every informative image must have concise, descriptive Alt Text. Decorative images (like spacers or non-functional design elements) must have null Alt Text (alt=””) so the screen reader knows to skip them.

2. Poor Keyboard Navigation

A foundational requirement for digital access.

  • The Barrier: Many interactive elements—links, buttons, drop-down menus, and forms—can only be successfully activated using a mouse pointer.
  • The Impact: Users with severe motor disabilities, or those who are blind (relying on the Tab key to move sequentially), cannot navigate the site. They get “stuck” or are unable to complete a critical action like adding an item to a cart or submitting a form. This often results in a keyboard trap, where a user tabs into a component but cannot tab out.
  • The Fix (WCAG 2.1.1): Ensure that every interactive element on the page can receive focus (using the Tab key) and that all functionality can be completed using the keyboard alone. The visual focus indicator (the visible outline around a focused element) must also be clearly visible.

3. Insufficient Color Contrast

An easily testable design flaw with major readability consequences.

  • The Barrier: The color of the text is too similar to the color of its background (e.g., light gray text on a white background).
  • The Impact: Users with low vision, color blindness, or age-related visual changes may find the text impossible to distinguish and read. This is a common failure point that is easily picked up by automated testing tools, making it a low-effort target for legal demand letters.
  • The Fix (WCAG 1.4.3): Text and images of text must have a minimum contrast ratio of 4.5:1 against the background. You must use an online contrast checker tool to verify all color combinations in your design.

4. Inaccessible Forms and Missing Labels

The most common failure point for critical conversion elements.

  • The Barrier: Input fields in forms (contact forms, checkout forms, login fields) are
    not properly associated with a visible <label> element in the code.
  • The Impact: Screen readers announce the presence of a blank input field but cannot tell the user what data is required (e.g., “Enter your first name,” “Email address”). The user is left unable to complete the transaction, application, or request for information.
  • The Fix (WCAG 3.3.2): Ensure every input field is correctly associated with a programmatic label. When errors occur, the error messages must be clearly presented and correctly associated with the field so the screen reader user knows exactly what needs to be fixed.

5. Lack of Captions or Transcripts for Multimedia

Exclusion from audio or video content.

  • The Barrier: Videos, live streams, and audio podcasts are posted without corresponding text alternatives.
  • The Impact: Users who are deaf or hard of hearing are entirely excluded from the information, dialogue, or critical sound effects presented in the content. This is a common point of contention in lawsuits against businesses that rely heavily on video content, such as educational platforms or media companies.
  • The Fix (WCAG 1.2.1 & 1.2.2): All pre-recorded video and audio content that contains dialogue or essential sound must include accurate closed captions and, ideally, a full transcript.

The Next Step: Audit Your Risk

The vast majority of digital accessibility lawsuits target these five failure points because they are easy to find, and they block a user from completing a core task on the website.

Don’t wait for a demand letter. A small investment in an accessibility audit today is significantly cheaper than settling a lawsuit tomorrow.

Next Steps for You

I can draft a guide on how to test your website for these five issues using free online tools. Would that be helpful?

The Law of the Digital Land: Legislation and Digital Accessibility

Kim Alfonso on January 1, 2026

For businesses operating in the modern global economy, digital accessibility is not optional; it is a legal requirement across many states. While the ethical case for inclusion is powerful, the legislative landscape provides a compelling reason to prioritize an accessible digital presence.

The Global Standard: WCAG

Before diving into specific laws, it’s essential to understand the universal benchmark: the Web Content Accessibility Guidelines (WCAG).

WCAG is developed by the W3C (World Wide Web Consortium) and is not a law itself, but it is the technical standard that nearly every major digital accessibility law globally references and enforces.

Conformance Levels: WCAG criteria are categorized into three levels:

  • Level A: The minimum, essential level of accessibility.
  • Level AA: The mid-range, and the most common legal requirement
    worldwide, balancing accessibility with feasibility.
  • Level AAA: The highest, most stringent level.

For a business, achieving WCAG 2.1 or 2.2 Level AA conformance is the most effective way to meet the technical requirements of most laws and mitigate legal risk.

Key Legislation Driving Business Compliance

While hundreds of laws exist globally, three key legislative frameworks set the tone for private-sector digital compliance in major markets:

1. The Americans with Disabilities Act (ADA) – United States

The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including “places of public accommodation.”

  • Application: Though the ADA predates the internet, courts and the Department of Justice (DOJ) have consistently interpreted Title III (which covers businesses open to the public) as applying to websites and mobile apps.
  • The Standard: The ADA itself does not name a technical standard. However, in virtually all lawsuits and legal settlements, WCAG Level AA is cited as the required standard for compliance.
  • Business Impact: Inaccessible websites have led to thousands of lawsuits filed against private companies each year, making litigation risk one of the strongest drivers of digital accessibility in the U.S.

2. European Accessibility Act (EAA) – European Union

The EAA is a comprehensive directive that aims to harmonize accessibility requirements across all EU member states, specifically targeting the private sector.

  • Application: The EAA applies to a broad range of products and services placed on the EU market, including:
    • E-commerce websites and mobile applications.
    • Banking and financial services.
    • Electronic communications services (e.g., telephone, video chat).
  • The Standard: The EAA requires compliance with WCAG Level AA and related European standards (EN 301 549).
  • Business Impact: The EAA applies to any organization conducting business with consumers in the EU, regardless of where the organization is headquartered, creating a powerful international obligation for global companies.

3. Section 508 of the Rehabilitation Act – U.S. Federal Contractors

Section 508 is a U.S. federal law requiring federal agencies to make their Electronic and Information Technology (EIT) is accessible.

  • Application: While aimed at the government, this law is critical for private businesses that serve as federal contractors or vendors.
  • The Standard: Section 508 standards were explicitly harmonized to align with WCAG 2.0 Level AA (and are often updated to match newer versions).
  • Business Impact: If your company sells software, websites, or digital products to any U.S. federal agency, your products must be 508-compliant, making WCAG Level AA adherence a mandatory procurement requirement.

The Cost of Non-Compliance

Ignoring digital accessibility requirements exposes your business to significant risks:

  • Legal Action & Settlements: The most immediate risk is being named in a digital accessibility lawsuit, leading to expensive legal fees and settlement costs.
  • Lost Revenue: You immediately exclude the “purple pound/dollar”—the massive spending power of people with disabilities and their families.
  • Reputational Damage: Lawsuits or public complaints regarding exclusion can severely damage your brand’s reputation as consumers increasingly prioritize ethical and inclusive businesses.
  • Contract Loss: Failure to comply with WCAG Level AA can disqualify your business from lucrative government or corporate contracts where accessibility is a mandatory procurement standard.

Start Simple, Stay Compliant

The legal landscape is clear: accessibility is not a feature; it's a foundation. By adopting WCAG Level AA as your baseline standard, you align your business with legal requirements, reduce risk, and unlock a massive audience segment.

Next Steps for You

Would you like to explore a simple, actionable checklist of the top five WCAG Level AA success criteria that every business should audit on their website first?