Imagine Getting Served With a Lawsuit for This Reason . . . Your Website

It sounds dramatic, but this is exactly what’s happening to small business owners across the country. Small businesses have been posting about getting served on their doorsteps with lawsuits regarding their websites not being ADA compliant — and it’s happening more often than most people realize.

We are seeing an increase of ADA lawsuits targeting small businesses, not because of issues at their physical locations, which is normally what you think of in terms of ADA accessibility, but because their websites are not accessible.

Many of these lawsuits come as a complete shock to business owners who genuinely had no idea their website could create legal exposure. Generally small businesses are easier targets because plaintiffs know that small businesses do not have the resources to hire full compliance teams to keep up to date with every issue.

But that's where The Legal Paige comes in. Let’s break down why this is happening, what plaintiffs’ firms are looking for, and some simple steps you can take now to reduce your risk.

Why ADA Lawsuits Are Increasing Against Small Businesses

ADA Compliance Is No Longer Just About Physical Spaces

For years, most people associated the Americans with Disabilities Act (ADA) with ramps, elevators, and accessible bathrooms. That’s no longer the full picture.

Today, websites are a major focus of ADA enforcement and litigation. Courts increasingly treat business websites as extensions of a business’s services — meaning that websites must be accessible to individuals with disabilities.

If your website allows users to:

• Book services

• Submit inquiries

• Purchase products

• Access important information

…It can be considered a digital “place of public accommodation.”  “A place of public accommodation” is a pretty broad term and generally refers to the following categories: 

• State and local governments

• Any websites that also has a brick-and-mortar store 

• Any websites where you can choose pick up as an option to receive goods 

• Any websites “open to the public” 

The Biggest Misunderstanding We See

Many business owners don’t realize their website can fall under the ADA at all.

Owning a small business, operating online, or working with a basic website template does not exempt you from accessibility requirements. If the public can access your website, ADA compliance may apply. In many cases it's better to err on the side of caution and make sure your sites are legally compliant.

Common ADA Website Violations

Some of the most common accessibility issues that trigger lawsuits include:

• Missing or incorrect alt text on images

• Poor color contrast between text and backgrounds

• Forms that screen readers cannot interpret

• Menus or buttons that require a mouse to operate

• Improper heading structure that confuses assistive technology

Many of these issues are unintentional — but intent does not matter under the ADA.

“I Didn’t Know” Is Not a Legal Defense

This is the hardest truth for business owners to hear.

A lack of knowledge does not protect you from liability. Courts do not require proof that you meant to exclude anyone — only that your website was not accessible.

10 Practical Steps You Can Take Now to Make Your Website More ADA Compliant

The good news? We've created a list of 10 concrete steps you can take right now to reduce your risk:

1. Run an Accessibility Audit

Start by identifying obvious issues.

Free tools like WAVE or ACCibe can help flag common accessibility problems. Keep in mind: this is a starting point, not a one-time fix or a guarantee of compliance.

2. Add Alt Text to All Images

Alt text should describe the function and purpose of the image — not just what it looks like.

• Informational images should explain the content

• Functional images (like buttons) should describe what they do

• Decorative images should be properly marked so screen readers skip them

3. Improve Color Contrast

Text must be readable against its background.

Low color contrast is one of the most common ADA violations, especially on buttons, banners, and call-to-action sections.

4. Make Your Site Keyboard Accessible

Users should be able to navigate your website without using a mouse. Users should be able navigate and interact with all its features using only the keyboard (Tab, Enter, Spacebar, arrow keys, etc).

This includes:

• Menus

• Buttons

• Forms

• Pop-ups

Testing for Keyboard Navigation

You can check whether your website is keyboard operable by navigating through your website using only a keyboard, without using a mouse or other pointing device. Pay attention to the following:

• Use the Tab key to navigate through links, buttons, form fields, and interactive elements on the page.

• Ensure that each interactive element receives focus when navigating with the Tab key and that the focus indicator is visible.

• Use keyboard shortcuts, such as Enter or Spacebar, to activate buttons and links.

• Verify that all interactive elements are accessible and usable via keyboard input, including dropdown menus, sliders, and interactive widgets.

• Test for logical keyboard navigation order and ensure that the tab order follows a logical sequence that matches the visual layout of the page.

5. Label Forms Correctly

Every form field should have a clear, descriptive label that screen readers can recognize. Complicated forms can make your website inaccessible. 

Error messages should also be:

• Easy to understand

• Clearly associated with the relevant field

• Accessible to assistive technology

6. Use Proper Heading Structure

Headings should follow a logical hierarchy:

• One H1 per page

• Followed by H2s, then H3s as needed

This structure helps screen readers understand and navigate your content efficiently.

7. Add Captions to Videos

If you have videos on your site, it should include accurate, synchronized captions as an option for users who need that assistance.

8. Add Accessibility Overlays 

“One-click accessibility overlays” do not equal compliance but they could be a good starting point. Accessibility overlays are automated solutions intended to tackle web accessibility challenges by adding a snippet of JavaScript to a website. Even custom overlays, which are tailored for a specific site, do not actually modify the site’s underlying code.

These solutions often appear as toolbars, plugins, apps, or widgets, providing users with adjustable settings to better suit their individual needs and preferences.

9. Add an Accessibility Statement to your Website Terms and Conditions

An accessibility statement shows a good-faith effort toward compliance.

It should:

• Acknowledge your commitment to accessibility

• Outline steps you are taking

• Provide a way for users to report issues

• State that you will make reasonable efforts to address reported issues

Having this statement in your T&Cs won’t prevent lawsuits on its own, and you actually have to take active steps to make your website accessible. However, having a clear accessibility statement can be helpful evidence of additional proactive compliance. 

If you need a comprehensive Website Terms and Conditions that includes an accessibility statement, TLP has got you covered!

10. Work With a Professional When Needed

Some accessibility issues require more than a DIY fix.

Developers and accessibility specialists can address deeper structural problems, especially for:

• Custom websites

• E-commerce platforms

• Service-based booking systems

You may need that extra one-on-one help to make sure you are compliant, especially as a busy small business owner. 

Implement These 10 Steps and Breathe a Sigh of Relief Knowing You’ve Greatly Reduced Your Risk

ADA compliance is not about perfection — it’s about access, risk reduction, and good-faith effort.

As ADA website lawsuits continue to rise, small business owners who take proactive steps now are far better positioned than those who wait for a demand letter. If your website is part of how you serve the public, accessibility is no longer optional — it’s a legal and business necessity.