A hand holds up the scales of justice

Level Access asks, “Why are so many lawsuits settled before they go to court?”

Written by: Rishi Agrawal

Icon of Legal ItemsDigital accessibility is a constantly changing area of law. There are no explicit regulations for private companies and although we have dozens of court decisions, many of those decisions contradict each other.  

Even though no one can be completely sure what the future holds for digital accessibility, we can make some educated guesses. At the tail end of 2017, we asked eight leading attorneys to dust off their Magic 8-Balls and give us their best predictions of where the law may be headed.

Why are so many lawsuits settled before they go to court?

Although there is an increasing amount of case law in digital accessibility, it’s hard to argue that the digital accessibility requirements are clear. The overwhelming majority of lawsuits are settled before they go to court for two major reasons:

  1. it is often cheaper to settle than to go to court, and
  2. arguing against a plaintiff with a disability could lead to bad publicity for the defendant.

“For an accessibility issue that goes before a judge, a jury, or any kind of decision- maker, there is some risk because most people know someone with a disability or have someone in their family who has a disability, if they don’t have one themselves. There is some level of empathy for someone who is trying to navigate the world not being able to see it. And many of the tools that are online are even more meaningful for people who cannot drive because they are blind or may have some difficulty getting around. There are some things that just make sense, and I think that are intuitive to a decision-maker as they are thinking about accessibility.”
– Olabisi Ladeji Okubadejo, Of Counsel, Ballard Spahr LLP

Want to Learn More?Download Whitepaper

Deregulation, legislation, court cases? There are so many variables, but we’ve got it covered. To find answers to all of your burning digital accessibility legal questions, download our whitepaper – The Digital Accessibility Crystal Ball.

This blog post is for informational purposes only and does not constitute legal advice.