Plaintiffs Law Firms: Mars Khaimov, PPLC – ADA Website Accessibility Lawsuits

This video is the first in a mini-series I’m going to record over actual complaints filed in court. We’re going to look at the accessibility issues that are actually being claimed by the most active plaintiff’s law firms. I think this is so helpful because it will take out some of the ambiguity and make this more real. These are the actual accessibility issues that plaintiff’s law firms are identifying and listing in their complaints.

We’re starting off with a complaint filed by the Mars Khaimov law firm. Mars is extremely active and files complaints in New York. I have the complaint pulled up right beside me on the right side of the screen, and it starts off with missing alt text and missing form field labels. There is a list of 10 different accessibility issues, and I’ll go through some of them:

  • Plaintiff was disoriented when the automatic email subscription pop-up window appeared on the webpage.
  • Skip to content link was not implemented.
  • The content on the homepage was organized into sections with headings, but they were not correctly marked up and did not programmatically identify sections of the page.
  • The navigation menu had elements with dropdown lists and they did not announce their state collapsed or expanded.
  • Navigation menu did not allow the repeated content to be expanded or collapsed, and when the submenu was collapsed, it was still included in the reading order.

This complaint was filed in January of 2023, and there are many more issues named. Mars’ complaints appear to be very specific and not boilerplate templates. He might be the most active plaintiff law firm in this space.

I think this is really helpful because now these accessibility issues become more real. Whereas with the Web Content Accessibility Guidelines, we look to them as a reference for what accessibility issues we need to be aware of, this is the actual litigation. So this is what a plaintiff’s law firm is identifying as accessibility issues that create a barrier to access.

I will include more information in the description below, along with a link to a PDF assembled. This all leads to why I created the ADA compliance course because, with the ADA compliance course, I identify the most commonly claimed issues in litigation and provide step-by-step instructions on how to find and fix those issues. The ADA compliance course can significantly reduce your risk of litigation.

Today’s video was on Mars Khaimov, and I will continue with a handful of other videos to look at what issues the most active plaintiff’s law firms are claiming in litigation.