ADA Defense Lawyer in NYC | ADA Lawsuit & Compliance Defense
Introduction: ADA Lawsuits in NYC and Nationwide
An ADA lawsuit can disrupt your business in an instant. A single complaint can take attention away from customers and force you into defense mode. New York City has become one of the busiest hotspots for ADA filings, but the same trend is playing out nationwide.
In 2024, businesses faced over 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 continue to see the largest volumes, while filings remain steady across other states.
By mid-year 2024, federal courts recorded 4,280 ADA Title III filings — on pace for roughly 8,500 by year end.
Restaurants, retail stores, e-commerce companies, and landlords have all been pulled into court — many for issues they didn’t know existed. Even companies that try to comply can find themselves targeted.
If you’re searching for an ADA defense lawyer in NYC, an ADA defense attorney near me, or a team 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 isn’t 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 doesn’t 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 don’t work with screen readers, lack captions for videos, or can’t be used by keyboard navigation. Even businesses with no physical storefronts 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’s 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’ve 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
Roughly a third of all ADA Title III filings last year were about websites—more than 2,700 in 2023. Most involved things as ordinary as a picture with no alt text or an online form that won’t work with a screen reader. We’ve handled cases over checkout buttons, missing captions, even color contrast.
If your site or app sells, books, or schedules anything, it’s a target.
Workplace Accommodation Cases
The ADA doesn’t stop at customer access. It also covers employees and job applicants. We’ve seen claims when a company ignored a request for adaptive software or left a wheelchair user stuck behind a reception desk that couldn’t 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 doesn’t matter. The issue is the barrier itself. - “Only big companies get sued.”
Not true. Small storefronts get hit every week because they’re 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 aren’t. 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): 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’d 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 isn’t screen-reader friendly.
- Retail and Shopping Centers – Seasonal displays, narrow aisles, or high counters show up in countless filings.
- Healthcare Providers – Exam tables that can’t 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 don’t 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—no standing. Maybe your building already meets the standard. Maybe the requested fix would cost six figures and isn’t “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’s 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’re 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’ll 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’s no real visit, no plan to return, or no actual barrier, we push for dismissal.
- “Readily achievable” limits. The law doesn’t 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’re 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 can’t 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, 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 can’t show their work. You’ll be able to.
Frequently Asked Questions
What should I do if I get an ADA demand letter?
Call us immediately. Do not ignore it. We’ll evaluate the claim and prepare a response.
How much does ADA defense cost?
Costs depend on the case. Settlements are often less expensive than litigation. Ignoring claims is always more costly.
Can I fight instead of settling?
Yes. Many claims are exaggerated. We fight when settlement isn’t in your interest.
How long does an ADA case last?
Some resolve in months. More complex cases can last longer. We keep clients updated at every stage.
Can I be sued more than once?
Yes. Businesses without compliance plans often face repeat lawsuits.
Will insurance cover my defense?
Some policies cover ADA claims, but many exclude them. We review your coverage and explain your options.
Do ADA settlements become public?
Most are private. Courts record dismissals, but settlement terms are rarely published.
Can one lawsuit trigger both state and federal claims?
Yes. Plaintiffs often combine ADA claims with state civil rights laws, which increases exposure.
What role does the Department of Justice play?
The DOJ enforces ADA requirements and can bring its own cases. Their involvement raises the stakes significantly.
How do website lawsuits differ from physical access claims?
Website cases focus on technical barriers like coding and design, while physical cases focus on structures and facilities. Both can carry similar penalties.
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’s 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 attorney’s fees. Ignoring claims leaves you with no defense.
4. How long does a lawsuit take?
Most settle within 6–12 months. Trial cases take longer, but they’re 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 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 don’t snowball.
- Plain-English updates—no surprises.
- A defense plan built around your business, not a template.
We don’t stop at the courtroom. We help set up audits, policies, and simple fixes so you’re 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’ll review your case and help you understand your legal options.
We defend businesses in NYC and nationwide. To learn more, visit our ADA Defense Lawyer page.
Samuel Law Firm Employment Lawyers – New York
1441 Broadway, Suite 6085
New York, NY 10018
646-466-6849