If your website is not ADA Compliant, you could be targeted for a lawsuit. Without the right insurance coverage, you may be paying out of pocket.
Recently, there have been a rash of new lawsuits contending that business websites are not compliant with the Americans with Disabilities Act (ADA). The lawsuits are often being filed by legal teams searching for offending websites, and suing the business owners claiming harm caused to their clients. Some of these individuals have been plaintiffs in multiple lawsuits, giving the appearance that these are money grabs by both the law firm and the plaintiff.
The ADA’s rules on website access are intended to level the playing field for individuals with disabilities. For that reason, and to protect your business from both real and opportunistic suits, now is the time to begin updating your website to Web Content Accessibility Standards, or WCAG 2.0 standards.
What does that mean? Essentially, it means your site should be usable by an individual with disabilities – disabilities that would make using an un-altered website difficult or impossible. For example, using contrasting text to make it more readable for those with vision problems, or having detailed descriptions of images if they are essential for using your site efficiently. You can read more about WCAG 2.0 below, as it gets pretty technical. Just know that your web designer will (or should) understand this, and should be able to make your site compliant.
Does my insurance cover this?
What happens if you fail to update your website before you get the dreaded legal letter stating you are being sued for lack of ADA compliance? If you have an Employment Practices Liability (EPLI) policy, there may be some insurance coverage for a website ADA suit. Possible coverage for a website ADA lawsuit is one of many good reasons to maintain an EPLI policy. The policy also responds to multiple types of claims relating to your employees, risks that are not covered by any other insurance policy. Despite the importance of EPLI Coverage for companies of any size, many businesses do not have this policy.
We Are Here to Help
For more information on insurance protection for website ADA lawsuits or for a complimentary review of your insurance policies, please contact us.
Levitt-Fuirst Associates, Ltd.
520 White Plains Road
Tarrytown, NY 10591