The American Disability Act (ADA) prohibits discrimination against individuals with disabilities in all areas of public life, including in places of public accommodation, such as websites. Failure to comply with the ADA’s website accessibility requirements can result in costly lawsuits. However, not all lawsuits brought under the ADA have merit. A plaintiff must establish an injury, in fact, to bring a successful lawsuit under the ADA.
Understanding Injury in Fact in American Disability Act Website Lawsuits
What is an Injury, in Fact?
An injury, in fact, is a legal term that refers to a concrete, particularized, actual or imminent harm, not hypothetical. This means the harm must be specific to the plaintiff, not a generalized grievance. Additionally, the damage must be real or likely to occur in the future, not just a possibility.
Injury in Fact for an ADA Website Claim
For a plaintiff to establish an injury in fact in an ADA website claim, they must show that they were denied access to a website’s goods or services because of their disability. The plaintiff must also show that the website’s inaccessibility caused them harm, such as frustration, humiliation, or inconvenience.
In Robles v. Domino’s Pizza, the plaintiff, a blind individual, sued Domino’s Pizza for violating the ADA by failing to make their website accessible to individuals with disabilities. The plaintiff argued that he was unable to use the website to order a pizza because it was not compatible with his screen reader. The court determined that the plaintiff had established an injury in fact because he was denied access to the goods and services provided by Domino’s Pizza’s website due to his disability.
Injury In Fact for A Website That Has Not Been Accessed
Merely encountering a website that is not accessible to individuals with disabilities is not sufficient to establish an injury, in fact, under the ADA. The plaintiff must have been denied access to the goods or services provided by the website due to their disability.
For example, in Himelda Mendez v. Apple Inc., the plaintiff sued Apple Inc. for violating the ADA by having an inaccessible website. The court dismissed the case because the plaintiff failed to establish an injury in fact. The plaintiff did not allege that she was denied access to any goods or services provided by Apple’s website because of her disability.
How Samuel Law Firm Can Assist a Business Owner Defeat a Case Because Of a Lack of Injury in Fact
Under New York State law, a plaintiff must demonstrate an injury, in fact, to establish standing to bring a lawsuit. The plaintiff must show that they suffered an injury that is concrete, actual or imminent, not hypothetical. Additionally, the injury must be caused by the defendant’s conduct and likely to be redressed by a favorable decision.
Business owners facing ADA website accessibility lawsuits can contact the Samuel Law Firm for assistance with their case. The New York ADA accessibility lawyers at Samuel Law Firm can assist business owners in arguing that the plaintiff has failed to establish an injury, in fact, because they have not been denied access to any goods or services provided by the website due to their disability. Alternatively, the Samuel Law Firm can argue that the plaintiff’s alleged harm is not concrete or particularized and, therefore, does not rise to the level of an injury in fact.
The Samuel Law Firm has experience defending businesses against ADA claims and can provide effective representation. It is crucial not to ignore these types of claims and risk a default judgment or attempt to handle them without the assistance of an attorney. Contact us now for a consultation.
