We've done the review and crunched the numbers: It appears that the surge of ADA Title III lawsuits we saw from 2013 to 2014 is holding strong, though possibly leveling off.
You may recall that there was a 60% increase in the number of ADA Title III lawsuits between 2013 and 2014 (2479 vs. 4436). In the first six months of 2015, 2114 Title III lawsuits were filed. While we think that the number of lawsuits filed in the second half of 2015 will be slightly greater than the first half, the total will not likely be much different from the 2014 total. This means that the 2014 surge was probably not an aberration but, more likely, the new normal. Although we did not analyze the types of ADA Title III lawsuits filed in 2015 (e.g. architectural barriers, operational issues, or digital accessibility), our practice has seen a surge of private litigant claims based on allegedly inaccessible websites.
Where are the lawsuit hotspots? The favorites remain the same: California, Florida, and New York. That said, a few states are seeing more action than before. For example, Idaho had four lawsuits in the first half of 2015 even though it had none for 2013 and 2014. Arizona had 19 lawsuits filed during this six month period even though it only had 8 in all of 2014. Minnesota had 42 lawsuits in the first six months of 2015 as compared to the 14 it had in all of 2014. Wyoming, Dakota, Montana, and Nebraska continue to be ADA Title III lawsuit-free.
We'll keep tracking the filings and update our findings for all of 2015 in January 2016.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.