In 2023, businesses faced 8,227 ADA Title III lawsuits in federal court (down from 8,694 in 2022 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 access. In New York, cases are filed daily, but businesses in every state face similar risks.
Physical Accessibility Lawsuits
Title III of the ADA requires public accommodations to provide accessible facilities. Frequent claims include:
- Entrances without ramps or automatic doors
- Bathrooms that lack grab bars or turning space
- Service counters too high for wheelchair users
- Parking lots without marked accessible spaces
- Aisles too narrow for mobility devices
Tester plaintiffs often visit businesses looking for violations, then file lawsuits when they find barriers.
Website Accessibility Cases
Website accessibility lawsuits accounted for 34% of all ADA Title III cases in 2023 (2,794 out of 8,227). Plaintiffs target missing alt text, inaccessible forms, poor contrast, videos without captions, and sites that cannot be used by keyboard or screen readers.
Workplace Accommodation Cases
The ADA also applies to employment. Employees and applicants can sue if reasonable accommodations are denied. Claims often involve technology, hiring portals, or workplace modifications. Many cases include overlapping state and local laws, adding to the risk.
Common Myths About ADA Lawsuits
We often hear the same myths from business owners. Here are the most common — and the truth behind them:
- Myth #1: If I didn’t mean to discriminate, I can’t be sued.
Intent doesn’t matter. Claims focus on barriers, not on motive. - Myth #2: Only big companies get sued.
Small businesses are often easier targets because they lack compliance teams and budgets. - Myth #3: If I fix the problem right away, the case disappears.
Repairs help, but they don’t erase a filed lawsuit. Plaintiffs may still demand attorney’s fees. - Myth #4: All ADA lawsuits are frivolous.
Some are, but not all. Courts expect businesses to take claims seriously. - Myth #5: Hiring a lawyer makes me look guilty.
Courts view hiring counsel as the responsible step. Ignoring claims is what creates problems.
ADA Website Accessibility Defense
We regularly defend companies accused of website violations. Courts and the Department of Justice (DOJ) 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
- 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” under the ADA. Our defense strategy depends on the unique facts of your case.
Proactive Defense & Industry-Specific ADA Risk
We also advise clients on proactive improvements that reduce repeat lawsuits. Different industries face different risks, and we tailor strategies based on how lawsuits typically arise.
Food and Drink Businesses
People often sue restaurants over their bathrooms, entrances, and tight seating. When screen readers can’t access them, online ordering systems and reservation platforms are also common targets.
Stores and Shopping Malls
Retailers get complaints about the width of aisles, the height of shelves, or the point-of-sale devices. In one case, a national store was sued because seasonal displays made it hard for people in wheelchairs to get around.
Healthcare Providers
Medical offices and clinics are exposed in a way that is different from other businesses. Lawsuits often involve exam tables that can’t be changed, diagnostic tools that disabled people can’t use, or online portals that aren’t easy to get to.
Landlords and Building Owners
When common areas, entrances, or elevators don’t meet ADA standards, owners of commercial properties can be sued. Even if tenants run things, landlords are often named.
Technology and E-Commerce
People sue online businesses over things like product descriptions, checkout processes, or apps that don’t work with assistive technology. These claims keep going up as e-commerce grows.
How ADA Defense Works
When a client contacts us after receiving a complaint or lawsuit, we move quickly.
Step 1: Review and Assessment
We examine the complaint, inspect the property or website, and measure the allegations against ADA standards.
Step 2: Defense Strategy
We may challenge the plaintiff’s standing, show evidence of compliance, or argue that modifications are not “readily achievable.”
Step 3: Settlement or Litigation
Some cases resolve through negotiation. Others proceed to court. We defend aggressively and push to control costs.
What to Expect When You Call Us
Many business owners calling us are dealing with an ADA lawsuit for the first time. Here’s what happens when you reach out for a free consultation:
- The First Conversation: You call our office or complete our secure form. We schedule a consultation and ask whether you received a demand letter, a filed lawsuit, or a compliance notice.
- Case Review: We review your documents. If the issue involves your property, we may request photos or schedule a site visit. If it involves your website, we run accessibility checks against industry standards.
- Legal Assessment: We explain the strength of the claim and outline defenses. This may include showing compliance, proving lack of standing, or arguing that proposed modifications are not legally required.
- Negotiation and Settlement Options: Many plaintiffs want attorney’s fees and specific changes. We review settlement options, explain what’s reasonable, and reject overreaching demands.
- Litigation Strategy: If the case proceeds, we file a response, raise defenses, and may move to dismiss.
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.
Proactive Defense & Industry-Specific ADA Risk
We also advise clients on proactive improvements that reduce repeat lawsuits. Different industries face different risks, and we tailor strategies based on how lawsuits typically arise.
Restaurants and Hospitality
Restaurants often face lawsuits about restrooms, entrances, and cramped seating. Online ordering systems and reservation platforms are also common targets when they aren’t accessible to screen readers.
Retail and Shopping Centers
Retailers face claims about aisle width, shelf height, or point-of-sale devices. In one case, a national retailer was sued because seasonal displays blocked wheelchair users from moving freely.
Healthcare Providers
Medical offices and clinics face unique exposure. Lawsuits often involve exam tables that can’t be adjusted, diagnostic equipment that isn’t usable by patients with disabilities, or inaccessible online portals.
Landlords and Building Owners
Owners of commercial properties face claims when common areas, entrances, or elevators don’t meet ADA standards. Even if tenants control operations, landlords are often named.
E-Commerce and Technology
Online businesses face lawsuits over product descriptions, checkout processes, or apps that don’t work with assistive technology. With e-commerce booming, these claims continue to rise.
How ADA Defense Works
When a client contacts us after receiving a complaint or lawsuit, we move quickly.
Step 1: Review and Assessment
We examine the complaint, inspect the property or website, and measure the allegations against ADA standards.
Step 2: Defense Strategy
We may challenge the plaintiff’s standing, show evidence of compliance, or argue that modifications are not “readily achievable.”
Step 3: Settlement or Litigation
Some cases resolve through negotiation. Others proceed to court. We defend aggressively and push to control costs.
What to Expect When You Call Us
Many business owners calling us are dealing with an ADA lawsuit for the first time. Here’s what happens when you reach out for a free consultation:
- The First Conversation: You call our office or complete our secure form. We schedule a consultation and ask whether you received a demand letter, a filed lawsuit, or a compliance notice.
- Case Review: We review your documents. If the issue involves your property, we may request photos or schedule a site visit. If it involves your website, we run accessibility checks against industry standards.
- Legal Assessment: We explain the strength of the claim and outline defenses. This may include showing compliance, proving lack of standing, or arguing that proposed modifications are not legally required.
- Negotiation and Settlement Options: Many plaintiffs want attorney’s fees and specific changes. We review settlement options, explain what’s reasonable, and reject overreaching demands.
- Litigation Strategy: If the case proceeds, we file a response, raise defenses, and may move to dismiss.
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
