Rocco E. Cozza • July 14, 2020

An ADA Compliant Website?  You are probably wondering what that means and how it applies to you?  Well, if you own a website that offers products or services, you need to keep reading.  In recent years, many companies have faced a new reality.  When it comes to their website, they have exposure to potential lawsuits!  Yes, if their websites are not accessible to people with disabilities, lawsuits have been brought.  These suits claim that the sites violate the Americans with Disabilities Act (“ADA”)or one of the many state laws prohibiting disability discrimination. Yes, regardless of the size of your business, the exposure is there and it is something you should take seriously.

Unfortunately, this surge of threatened and filed lawsuits has posed a challenge to businesses large and small. Most businesses and business owners don’t think of the accessibility of their websites to those with disabilities, but they should. Along with various state laws, Title III of the ADA mandates that businesses must make their physical locations accessible to those with disabilities since they are considered “public accommodations.” This law, which was written before the internet became widely used, does not mention websites specifically. However, these suits alleging website accessibility are popping up quite a bit and unfortunately, causing a lot of pain to businesses.

There are many valid claims made by individuals with disabilities who cannot access websites that are essential for them to access. They should be afforded this opportunity. On the other hand, a lot of plaintiff’s attorneys see these lawsuits as a way to use an aggressive allege or file suit and settle strategy.  They understand that using the threat of fee-shifting under the ADA can force a company to payout instead of engaging in long, fact-intensive trials. These are payouts where the attorneys collect a decent fee for minimal work.

ADA Compliant Website Claims Tend to Settle

Interestingly, if you look at the data, more than 93% of website accessibility cases filed in 2018 settled, and of the cases filed in 2019, 55% settled within 60 days.  These facts are according to Usablenet’s Midyear ADA Web & App Accessibility Lawsuit Report.  As you can see, these cases are a hot area for quick payouts.

Despite this being a hot button issue, the Supreme Court has rejected the invitation to take up the ADA website issue. And with no federal standard for website accessibility in place for businesses to follow and conflicting judicial opinions all over the board, the reality of compliance is determined by many factors.

ADA Compliant Website Standards

Until standards are set forth by Congress or the DOJ, one obvious path to successfully defend these claims is to remediate the website to conform to the Web Content Accessibility Guidelines 2.0 Level AA. This is a great strategy to avoid potential cases.  In fact, this strategy has helped businesses even “moot” a case in the early stages by making changes to the website that make it accessible. A case is moot when it no longer presents a live controversy with respect to which the court can give meaningful relief.

Let’s be clear, fixing your website is not an easy or guaranteed route to a quick victory. A few courts have been hesitant to dismiss cases based on mootness in the early stages of the litigation.  The reasoning is they view whether a business has complied with WCAG as a question of remedy, not liability.  Despite that reasoning, businesses should continue to set forth these arguments if they are sued prior to making their site accessible.

Looking at the landscape of these cases, many rulings and settlements typically point to WCAG 2.0, Level AA, as a universally accepted standard of web accessibility. Any company that is proactively striving for online accessibility should be complying with this standard.

So, if you have a business with an online presence, you need to contact your site provider or developer and make sure it is accessible. Doing so can save you plenty of time, energy, and money in the long run. If you are interested in learning more about this compliance requirement, please contact our office.   We are here to help and can connect you with resources to help you make your site compliant.

Cozza Law Group Business Law Blog

By Matthew Bolewitz April 20, 2026
the 5 d's of business - a must read for business owners
By Rocco Cozza April 19, 2026
How Business Litigation Protects Companies From Costly Disputes Although there are many costs involved in doing business, disputes can take a particularly high toll on a company's finances. These disputes might involve contract breaches, copyright violations, premises liability lawsuits, allegations of fraud, and much more. The obvious strategy is to avoid these disputes at all costs. How does business litigation fit into this equation? Can a company use business litigation to strategically protect itself from disputes? These are questions you might want to explore with an experienced business litigation lawyer in Pittsburgh . Business Litigation Strategies Are Often Preventive in Nature Many business litigation strategies are preventative in nature. In other words, companies take effective, early legal steps to eliminate the chances of disputes and legal action at a later date. One example of this is an effective business contract. When drafted properly, a business contract leaves little room for litigation or any other disputes. Many contracts contain arbitration or mediation clauses. These clauses force parties toward private negotiations instead of the courtroom floor. This private “alternative dispute resolution” (ADR) process is inherently cheaper, faster, and more private than litigation. Once a dispute reaches the courtroom, companies must pay much higher legal fees. They also face longer timelines. One of the biggest downsides of litigation for companies is its public nature. Many companies desperately need to keep sensitive information out of the public eye, whether that includes baseless allegations, copyrighted material, trade secrets, or more. Private negotiations can be so quick that they can hardly be called “disputes,” and issues may be resolved in a matter of weeks. In an ideal world, these disputes never even happen in the first place. A strong contract lays out clear responsibilities and privileges for each party, leaving little room for misinterpretation. Another obvious way to avoid business litigation is by choosing appropriate business partners. Another preventative business litigation strategy involves liability waivers. Although these waivers are not as effective as some company leaders assume, they can nonetheless prevent many needless or frivolous lawsuits. Liability waivers are not appropriate or possible in all industries, but they could be worth considering for businesses that welcome large numbers of patrons onto their premises. Business Litigation Strategies May Involve Regulatory Compliance Sometimes, the biggest legal threat to a business is not a partner or a customer, but rather the government. Regulatory compliance is an incredibly important business litigation strategy, and company leaders should consider consulting with lawyers who understand the specific regulations and laws that pertain to their industries. For example, a company that deals with industrial waste or chemicals may need to become highly familiar with the environmental laws. Generally speaking, these laws become more restrictive each year. Company leaders may need to keep a close eye on regulatory changes to ensure compliance. A company in another industry might deal with a substantial number of employees. If this is the case, the company might need to pay close attention to labor laws, discrimination laws, religious rights, and many other factors that can lead to employment lawsuits. Poaching is another issue that could be concerning, as are non-compete clauses. An experienced business litigation law firm may be able to help companies draft policies and contracts that drastically limit the number of employment-based legal issues in the future. For example, a company might have to follow strict guidelines if it wants to create enforceable non-compete clauses in Pennsylvania. Organized Corporate Governance Can Reduce Litigation and Disputes Many business disputes stem from poor, disorganized corporate governance. When the working relationship between shareholders, partners, and the executive suite begins to fall apart, disputes are inevitable. Effective shareholder agreements and organized record-keeping can go a long way in making sure everyone is on the same page. Business Litigation Attorneys Can Help With Risk Assessment Sometimes, dispute prevention starts with risk assessment. If company leaders become aware of a potential legal risk, they might consider a different approach or business strategy. For example, a company might consider entering into a new contract with a supplier. A business litigation attorney may be able to conduct effective legal research into the new supplier to determine the legal risk associated with a new contract. Perhaps the new supplier tends to get into lawsuits with its partners. Maybe the company is already in the process of being sued. Whatever the case may be, an experienced lawyer can help company leaders assess the legal risks associated with certain actions before moving forward. Most Disputes Never Reach the Trial Stage Since parties usually understand the downsides of going to trial, they tend to settle their disputes outside of court. This means that disputes rarely escalate into trials. However, this does not necessarily mean that a privately settled dispute is not costly for a company. Instead, a settlement could be disastrous for a company. This is why it makes sense to negotiate effectively, even if you’re dealing with someone who agrees to mediation or arbitration. Business litigation attorneys are often effective negotiators, and they can guide both parties toward mutually beneficial outcomes. If the goal is to reduce the cost of a dispute, a lawyer can push back with effective counterpoints and counteroffers. If the goal is to gain as large a settlement as possible, your lawyer can advocate on your behalf and reject lowball offers. Can a Business Litigation Lawyer in Pittsburgh Help My Company? Whether you are facing a dispute or you simply want to avoid the possibility of legal action in the future, a business litigation lawyer in Pittsburgh may be able to help. These lawyers can help your company take preventative steps, such as creating effective contracts or liability waivers. A business litigation attorney can also help you if your company is already facing a serious dispute or lawsuit. Consider reaching out to Cozza Law Group, PLLC, at (412) 790-2789 to learn more about your next potential steps. You can also find us online .