A hand holds up the scales of justice

Level Access asks Nicole Sieb Smith, “Are digital accessibility lawsuits going to continue in the future?”

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Written by: Rishi Agrawal

Digital 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.

Are digital accessibility lawsuits going to continue in the future?

Nearly every attorney we interviewed agreed that, in the absence of regulations or a higher court decision, we are going to continue to see uncertainty.

When there is uncertainty, plaintiffs are going to continue to look to the courts for relief.

“I think there’s going to be continued filings throughout the country. I think we’ve only seen the tip of the iceberg. I don’t think with this administration we are going to see any type of regulation, so it’s going to be left to the courts to decide. And just like remediation, it’s a slow process; the wheels of justice turn pretty slowly too.  And perhaps one day it will go to the highest court in the land, but that could still be years in the future.”
– Nicole Sieb Smith, Partner, Rumberger Kirk & Caldwell

Thus far, digital accessibility cases have only been tried in district courts. However, the Winn-Dixie verdict by a district has been appealed, so we are waiting and watching to see what happens.

Download Whitepaper Want to Learn More?

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 free whitepaper – The Digital Accessibility Crystal Ball.

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

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