How accessiBe’s Litigation Support Package Can Mitigate The Chance Of a Lawsuit

As our global society becomes more tuned in to issues surrounding diversity, equity, and inclusion, it was no real surprise to see web accessibility lawsuits hit an all-time high last year. In fact, at least 11,452 ADA Title III complaints were filed in federal court in 2021, a 6% increase over the previous year. Remarkably, the 2021 figures also reflect a 320% rise over an eight-year period, signifying that law firms are well and truly ratcheting up the pressure on businesses with inaccessible websites.

What is causing the rise in the number of web accessibility lawsuits?

The fact that we are witnessing record-breaking lawsuit numbers does not mean that websites are becoming inaccessible all of a sudden. Truth be told, the vast majority of the internet has remained inaccessible to those with disabilities for quite some time now. As a result, all of these websites are inaccessible to those who rely on assistive technology when browsing the web.

For some reason, the digital world has gotten off lightly when it comes to accessibility, especially when compared to brick and mortar businesses. Nowadays, almost every business owner is well aware that they must make adequate provisions for their disabled customers by installing physical elements such as wheelchair ramps and accessible toilets. However, the same level of awareness has not been raised regarding concerns over online inclusivity, although this does appear to be changing.

Fortunately, the company accessiBe has been making it simple for companies to improve the accessibility of their websites without needing to hire a full-time web developer or pay for their website to be manually remediated on an ad-hoc basis. Using their AI-powered automated solution, companies are able to drastically improve their web accessibility while aiming for ADA and WCAG compliance.

However, if you’ve found yourself in a pickle with a digital lawsuit, can this company still help? The answer is “yes” and below we will explain how.

The accessiBe litigation support package

It’s important to note that a claim can be brought against your company by anyone, at any time, for any reason. When this happens, you need to be ready to deal with it promptly.

If you already use accessiBe’s overlay, you will be able to submit your accessibility statement and monthly compliance audit to the relevant parties in order to counter the litigation. This will be enough to get the case thrown out in most cases.

Nevertheless, there are still instances where plaintiff law firms will not accept these documents and will proceed with the lawsuit regardless. Fortunately, accessiBe offers its customers a litigation support package, which is a service designed to guide and assist you through these proceedings so that you stand the best chance of coming out on top. Let’s take a look at some of the package’s core features:

  • Full documentation and testing addressing each complaint – When a case is brought against you, accessiBe’s R&D team will get straight to work by running a full line-by-line assessment. You will then receive documentation with direct responses to every accessibility complaint you have faced. Furthermore, all the suggested responses that you will obtain on the document will be legally vetted for all case scenarios.
  • Third party audits – The accessiBe team will also perform two independent, third party audits that will further highlight the accessibility of your website. This can be used in your defense to demonstrate that you are clearly willing and committed to making provisions for all of your website visitors.
  • Ongoing support – The accessiBe team will be there to answer any questions and offer support throughout the litigation process.

In summary

Your company’s website can never be completely impervious to litigation procedures. With that said, you will certainly be in a much better position if when supported with accessiBe’s litigation support package.

With the full support of the R&D team, two independent, third party audits, and full documentation and testing addressing each complaint, you will be armed with evidence to support the claim that you have made significant efforts to improve the accessibility of your site for your disabled users.

Alex