Introduction: ADA Lawsuits in NYC and Nationwide
In 2024, businesses faced more than 8,800 ADA Title III lawsuits in federal court, up from 8,227 in 2023 and below the 11,452 peak in 2021. New York, California, and Florida see the largest volumes, and the same pattern holds every year.
Restaurants, retail stores, e-commerce companies, and landlords have all been pulled into court, many for issues they did not know existed. Even companies that try to comply can find themselves targeted.
Your ADA Defense Attorney: Michael Samuel
Michael Samuel has practiced law in New York for more than 30 years and has personally defended more than 100 businesses in ADA accessibility lawsuits, including website and mobile accessibility claims filed in the Southern and Eastern Districts of New York.
Mr. Samuel was admitted to practice in the State of New York in 1993 (NY Bar Registration No. 2563005) and is admitted before the United States District Courts for the Southern and Eastern Districts of New York, the two courts where the large majority of New York ADA website lawsuits are filed.
He began his career at Kresch & Kresch in New York City, winning a verdict of over $900,000 in his first jury trial, and has led The Samuel Law Firm since 2004. His ADA defense practice is built on daily familiarity with the serial plaintiffs and plaintiff firms that file these cases: who files them, how they settle, and what a defense should actually cost. Most ADA website cases can be resolved early and economically, and Mr. Samuel’s approach is to get clients there with as little disruption to their business as possible.
Sued over website accessibility? Call Michael Samuel directly at 212-563-9884.
Sued by One of These Firms?
Four firms file most of the ADA website accessibility lawsuits in New York. If your complaint names one of them, read the page written for exactly your situation: who they are, how they file, and what your deadline is.
- Sued by Gottlieb & Associates? What a Business Owner Needs to Know
- Sued by Mizrahi Kroub? What a Business Owner Needs to Know
- Sued by Joseph & Norinsberg? What a Business Owner Needs to Know
- Served by Shaked Law Group? What a Business Owner Needs to Know
Received a demand letter rather than a lawsuit? Some firms send a pre-suit demand instead of filing, so there is no case number to look up. See what a demand letter from Equal Access Law Group means and what to do first.
Sued by a different firm? Call 212-563-9884. We track every new ADA filing in the New York federal and state courts and will know the plaintiff’s firm before you finish describing the complaint.
If you are searching for an ADA defense lawyer in NYC, an ADA defense attorney near me, or a firm that handles ADA compliance defense nationwide, we can help. We defend businesses, property owners, and employers against these claims and guide them toward long-term solutions that reduce risk.
Who Needs an ADA Defense Lawyer?
We represent clients in New York and across the United States. The ADA applies everywhere, and lawsuits can reach businesses of any size.
Small Businesses
Smaller companies are often easy targets. A single step at the entrance, a restroom without the right clearance, or aisles that are too narrow can spark a claim. Even if improvements have been made, if every technical requirement is not satisfied, a lawsuit can follow.
Landlords and Property Managers
Owners and managers are frequently named in lawsuits, sometimes alongside tenants. A landlord might assume a tenant is responsible for accessibility, but under the law, both can be held accountable. A missing ramp at a storefront or an elevator that does not meet standards often leads to both tenant and landlord facing claims.
Employers
Employees and job applicants are also covered under the ADA. Common claims include failure to provide reasonable accommodations, inaccessible workplaces, or discriminatory hiring processes. Employers in New York face added exposure because city and state laws overlap with the ADA, but these claims are filed nationwide.
Online Businesses and E-Commerce
Websites and mobile apps are one of the fastest-growing sources of ADA litigation. Plaintiffs file claims when websites do not work with screen readers, lack captions for videos, or cannot be used by keyboard navigation. Even businesses with no physical storefront can face lawsuits for digital barriers.
Common ADA Lawsuits in New York and Across the U.S.
The ADA covers both physical and digital spaces. While New York sees a high volume of cases, these same lawsuits are filed every week across the United States. Whether you operate in New York, Florida, California, or any other state, the risks are similar.
Physical Accessibility Lawsuits
Title III of the ADA says public places must actually work for everyone, not just check boxes on paper. Here is what trips businesses up most often: a front step with no ramp, doors that are too heavy, bathrooms missing grab bars, or a parking lot without the right markings. We have even seen shops lose cases because merchandise racks left only a few inches to pass through. “Tester” plaintiffs sometimes make a circuit of neighborhoods looking for these small mistakes. One photo later, a demand letter lands on your desk.
Website Accessibility Cases
In 2023, more than 2,700 ADA Title III filings, roughly a third of the total, were about websites. Most involved things as ordinary as a picture with no alt text or an online form that will not work with a screen reader. We have handled cases over checkout buttons, missing captions, even color contrast. If your site or app sells, books, or schedules anything, it is a target.
Workplace Accommodation Cases
The ADA does not stop at customer access. It also covers employees and job applicants. We have seen claims when a company ignored a request for adaptive software or left a wheelchair user stuck behind a reception desk that could not be lowered. New York’s own human rights laws stack on top of federal rules, which makes these disputes hit harder.
Common Myths About ADA Lawsuits
We hear the same assumptions again and again, and they cost owners time and money:
- “I didn’t mean to discriminate, so I’m safe.” Intent does not matter. The issue is the barrier itself.
- “Only big companies get sued.” Not true. Small storefronts get hit every week because they are easier targets.
- “If I fix it fast, the case disappears.” Repairs help, but once papers are filed, fees and negotiations still follow.
- “All ADA cases are frivolous.” Some are. Many are not. Courts expect you to respond, not roll your eyes.
ADA Website Accessibility Defense
We regularly defend companies accused of website violations. Courts and the Department of Justice treat websites as covered under ADA Title III.
DOJ Guidance
The DOJ’s 2022 guidance states that the ADA applies to websites of businesses open to the public, but Title III regulations do not set a technical standard. In April 2024, the DOJ finalized technical rules for Title II (state and local governments), not for private-sector Title III. Courts still look to WCAG when evaluating barriers.
Landmark Cases
- Domino’s (Robles v. Domino’s, 9th Cir. 2019): The Ninth Circuit allowed claims against Domino’s over its site and app to proceed.
- Winn-Dixie (11th Cir.): The Eleventh Circuit’s decision limiting website liability was later vacated as moot, leaving no precedential weight.
- Blue Apron (D.N.H. 2017): The court denied the company’s motion to dismiss, recognizing that a website alone may be a public accommodation under First Circuit precedent.
Defense Strategies
We challenge standing, show compliance efforts, or argue that demanded changes are not “readily achievable.” We also advise clients on proactive improvements that reduce repeat lawsuits.
Industry-Specific ADA Defense
Waiting for a lawsuit is expensive. We would rather keep you out of one.
- Restaurants and Hospitality: Tight dining rooms and restroom layouts cause most complaints. Even the online reservation tool can trigger a case if it is not screen-reader friendly.
- Retail and Shopping Centers: Seasonal displays, narrow aisles, or high counters show up in countless filings.
- Healthcare Providers: Exam tables that cannot lower, inaccessible portals, and diagnostic gear built for one body type are classic examples.
- Landlords and Building Owners: We often defend both owner and tenant in the same case because shared spaces create shared liability.
- E-Commerce and Tech: Product pages without descriptions or checkout systems that reject keyboard navigation draw fast attention from “tester” plaintiffs.
How ADA Defense Works
When someone calls us about an ADA complaint, we do not let it sit in the inbox.
- Review and Assessment: We read the complaint, visit the site or test the website, and see whether the allegations line up with the law.
- Defense Strategy: Maybe the plaintiff never tried to return, so there is no standing. Maybe your building already meets the standard. Maybe the requested fix would cost six figures and is not “readily achievable.” We build around facts like these.
- Settlement or Litigation: Some claims end quietly after we show proof. Others go the distance, and we fight them head-on. The goal: stop fees from snowballing and protect your reputation.
What to Expect When You Call Us
Most owners who reach out have never faced an ADA suit before. Here is how we walk them through it.
- The first call. You tell us what you received: a demand letter, a summons, or an email from a lawyer, and we listen.
- Case review. We gather documents, photos, or a quick website scan so we know what we are up against.
- Assessment. We explain where the claim stands and what defenses you have. No jargon, just options.
- Negotiation. Many plaintiffs want fees and quick changes. We push back on anything unreasonable.
- Litigation. If it heads to court, we file, we argue, and we keep you updated so nothing catches you off guard.
By the end of that first talk, you will know what happens next and how we plan to protect your business.
Defense Strategies in Detail
We build defenses that fit the facts, not a template.
- Standing challenges. Some plaintiffs never planned to come back, or never tried to use the service at all. If there is no real visit, no plan to return, or no actual barrier, we push for dismissal.
- “Readily achievable” limits. The law does not force small shops to take on six-figure projects. We show the cost, the strain on operations, and safer options that still improve access.
- Proving you are already compliant. Many cases fall apart when we bring measurements, photos, policies, and timestamps. We gather proof early. Then we use it.
- Reasonable alternatives. When a change cannot be made, we show how you already serve people with disabilities: door assistance, curbside pickup, accessible booking by phone, clear signage. Real options matter to judges.
Proactive Compliance and Prevention
Waiting for a lawsuit is the most expensive plan. We prefer a checklist and a schedule.
- Accessibility audits. We walk the property and look at slope, reach ranges, counters, restrooms, signage, and parking. For websites, we test the paths real users take: home page to checkout, reservation to confirmation.
- Staff training. A simple “Can I help you with the door?” has stopped more complaints than any memo. We teach teams what to say and what to do.
- Documentation. Keep photos, invoices, and logs of fixes. Keep your written policy handy. When a claim comes in, this file pays for itself.
- Website testing. We run routine checks against WCAG and verify core tasks with a keyboard and a screen reader. We also track fixes in a change log. Serial plaintiffs go after businesses that cannot show their work. You will be able to.
Frequently Asked Questions
What should I do if I get an ADA demand letter?
Do not respond to the sender yourself, and do not ignore it. Calendar any deadline in the letter, preserve it with the envelope, and send it to a defense lawyer the same day. A demand letter is often the step before a lawsuit, and how it is answered shapes what the case costs. If the letter came from Equal Access Law Group, see what that letter is asking for and what the first week should look like.
How much does ADA defense cost?
We handle ADA website accessibility defense on a flat fee, quoted before you commit. Premises cases are quoted after we see the complaint and the property. Either way you know the cost of the defense before you decide anything.
Can I fight instead of settling?
Yes, and sometimes you should. Standing, mootness after remediation, and “readily achievable” limits are real defenses. Whether fighting is worth it depends on the facts and the numbers, which we lay out before any decision.
How long does an ADA case last?
Most website cases in New York resolve within a few months of a timely answer. Premises cases that require construction take longer. Cases that go to motion practice or trial can take a year or more.
Can I be sued more than once?
Yes. Different plaintiffs can bring separate cases over the same site or property. A settlement drafted properly, and a site that is actually fixed, are the two things that stop the next one.
Will insurance cover my defense?
Sometimes. General liability, employment practices, and cyber policies occasionally respond to these claims or contribute to defense costs. Tender the claim to your carrier as soon as you are served; it costs nothing to ask.
Do ADA settlements become public?
Private settlements usually stay private. If the case was filed in court, the docket will show it was resolved, but the terms are typically confidential unless a court order is required.
Can one lawsuit trigger both state and federal claims?
Yes. New York complaints almost always plead the ADA together with the New York State and City Human Rights Laws, which allow damages the federal law does not.
What role does the Department of Justice play?
The DOJ enforces the ADA and issues guidance, but the private lawsuits businesses actually face are filed by individual plaintiffs and their lawyers, not the government.
How do website lawsuits differ from physical access claims?
Website cases turn on how the site works with a screen reader and keyboard and are usually resolved by remediation and a payment. Physical cases turn on measurements and construction standards and can involve real building work. Both are Title III claims, and both have deadlines.
Top 5 Common ADA Defense Questions
1. Why are ADA lawsuits so common?
Dense states like New York and California see more cases, but lawsuits are filed nationwide. Aggressive plaintiffs and broad interpretations of the ADA drive the numbers.
2. Can I be forced to make expensive renovations?
Not always. The ADA requires only what is readily achievable. We often beat demands for unreasonable projects.
3. What happens if I ignore a lawsuit?
Courts can enter default judgments requiring costly changes and attorneys’ fees. Ignoring claims leaves you with no defense.
4. How long does a lawsuit take?
Most settle within 6 to 12 months. Trial cases take longer, but they are less common.
5. How can I prevent future lawsuits?
Audits, staff training, and website reviews all reduce exposure. Documenting these steps shows good faith and deters serial plaintiffs.
Local Focus: ADA Defense Attorney Near Me in NYC
Businesses across the U.S. search for an ADA defense attorney near me because local court experience matters. Based in New York City, we defend ADA lawsuits across all five boroughs and throughout the country. We are licensed and experienced in federal ADA defense, which allows us to represent clients nationwide, while bringing specific insight into the busy New York courts.
- Manhattan: Restaurants, theaters, and retail stores in Manhattan face constant ADA scrutiny.
- Brooklyn: Small businesses and mixed-use properties are frequent targets here.
- Queens: Landlords and property managers often find themselves sued in Queens.
- Bronx: Healthcare providers and retailers are common defendants in the Bronx.
- Staten Island: Smaller businesses are not immune. Many ADA claims here involve older properties.
We work cases in all five boroughs and know how each courthouse runs.
Why Choose The Samuel Law Firm for ADA Defense
You want a team that moves fast, tells you the truth, and knows these courts.
- Michael Samuel, Esq. has tried cases for more than 30 years. Jury trials. Tough negotiations. Complex disputes.
- Andrew D. Beresin brings 15+ years of trial and appellate work, including regulatory and business cases.
What you can expect from us:
- Quick action so fees do not snowball.
- Plain-English updates, no surprises.
- A defense plan built around your business, not a template.
We do not stop at the courtroom. We help set up audits, policies, and simple fixes so you are stronger after this case than before it.
Talk to an ADA Defense Lawyer Today
If you received a lawsuit or ADA demand letter, contact us. We will review your case and help you understand your legal options. We defend businesses in NYC and nationwide.
The Samuel Law Firm
1441 Broadway, Suite 6085
New York, NY 10018
212-563-9884
michael@thesamuellawfirm.com
