Can You Get Sued Again? ADA Website Lawsuits Don’t Stop Just Because You Settle

Sharing the split screen with me is a document with the heading, can you get sued again? And I’m going to read through the bullet points. You can definitely get sued again and again and again. And sometimes this happens with the same law firm. Actually, a few weeks ago, I was looking through complaints and a consent degree had previously been entered into by the defendant and the plaintiff, but the plaintiff alleged that the defendant never made their website accessible, so they sued them again. And, you can also be sued, of course, by different law firms. So just because you’ve settled with one plaintiff doesn’t mean another plaintiff won’t make other claims regarding website inaccessibility. So this is fairly common. It happens on a regular basis.

You want to make sure that you are doing your due diligence, which means you are not relying upon anyone’s assurances. And that includes sellers. So I have seen sellers, they have assured their client, their customer, that this is what the path they need to take doing X, Y, Z, following their steps that they recommend.

And then what happens is the, the, the buyer gets sued again. And why it’s because it can be a combination of things. Sometimes it can mean it can be because the buyer didn’t actually follow through and take action. Sometimes it can be because the seller told the buyer to do something and the buyer took too long or the seller was just wrong. So think of overlays. Overlays will tell you that they’re a complete solution for ADA compliance and that you won’t get sued and they’re just lying. So, but it happens with other firms too. So keep that in mind that just because a seller assures you something, and they’re in the space, it doesn’t mean they know what they’re talking about. You need to conduct your own due diligence.

So what sellers might tell you is this is all you need to do, or this will make your website fully ADA compliant or use our plugin or use our lawsuit audit. Don’t rely upon anybody telling you these things, do your own due diligence and find out what is best for you because sellers will tell you things that are not true. And it’s sometimes it’s because they don’t know and other times it’s because they want to sell you something. So keep that in mind.

You need to resolve the most commonly claimed issues in litigation first. That is what you need to do. I have a whole series of videos where I go through plaintiff’s law firms and we go in and we look at their complaints and we look at the website accessibility issues alleged in those complaints. And those are the types of issues that you need to prioritize and fix first. My ADA compliance course covers everything about this, but that is the most important thing is that you prioritize and you strategically approach audit and remediation so that you lower your significantly lower your chance of being sued.

You also need to publish an accessibility statement and then once you have worked through the most commonly claimed issues in litigation, then you need to work through full WCAG conformance. This is how you prevent, this is how you stop ADA website litigation. If you take a lackadaisical approach, if you think because you’ve hired someone to conduct an audit that you are finished, you are not. You need to resolve the accessibility issues, and then you need to work until your website is fully accessible. I understand that as someone that is just finding out about this or still unfamiliar with it, or has only read for a few minutes on this subject, that can sound like a lot, but it is doable, but you have to take a disciplined and regimented approach and you have to be aggressive with it.

And when you’re aggressive and you start, you start taking care of the issues and you go down and you start going down the checklist and making sure that you have incorporated all of these different accessibility measures, you are going to, you are going to gradually and significantly lower your risk of litigation.

This is what the ADA compliance course is all about. This can help prevent lawsuits, but you can definitely get sued again. Do not let this happen. Take care of your website,make sure it’s accessible.