Got sued over website accessibility?

Don’t count on being able to recoup those costs from someone else.

Authors note: Because of Medium’s refusal to address its accessibility issues for both authors and readers, I’ve moved my last three years of blogs to Substack. Please sign up there for notices of all new articles. Also, I will be updating older articles (like this one) and the updates will only be published on Substack. Thank you for your continued readership and support.

This article is not legal advice. This is a general opinion article and should not be relied upon for any legal situation. Always consult an attorney who specializes in accessibility for your needs.

This is the second part of an article series concerning what happens to an organization when they get sued over website inaccessibility. The first part, called ADA lawsuit costs are WAY more than just the settlement, is here.

You may have read that article and thought, “Worst case scenario, my organization is OK. Other people were at fault. We can recover those costs elsewhere.” Here is why that will be harder than you think at best and is unlikely to be true at worst.

Litigation insurance

Some organizations carry insurance specifically to cover the costs of…