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ADA Website Accessibility Lawsuit: an online food products retailer

Case # · District Court, S.D. Florida · Filed March 25, 2021

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 AAMissing/Incorrect LabelsScreen Reader IncompatibilityInaccessible FormsMislabeled Images

Case Summary

NELSON FERNANDEZ has filed an ADA Title III website accessibility lawsuit against an online food products retailer in the United States District Court Southern District of Florida on March 25, 2021. Represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., the plaintiff alleges that the retailer's website contains numerous accessibility barriers, preventing him and other visually impaired individuals from full and equal enjoyment of its online services and information.

The complaint details several specific Web Content Accessibility Guidelines (WCAG) violations, including an improperly labeled home page button and a home page link mislabeled as 'breadcrumbs.' Further issues cited involve critical site functions, such as the shopping basket, not being labeled for screen reader integration, rendering product pieces, price per weight, and product images inaccessible or mislabeled as 'link.' These failures prevent blind and visually disabled users from effectively communicating with and navigating the website, including filling out online forms.

This case highlights the significant legal risks faced by other online food product retailers if their websites fail to comply with ADA Title III accessibility standards. Businesses that provide goods and services through both physical stores and linked online platforms must ensure their digital presence offers full and equal access to all individuals, regardless of disability. Non-compliance can lead to similar lawsuits seeking injunctive relief, policy changes, and compensatory damages, emphasizing the urgent need for comprehensive digital accessibility audits and remediation.

Case Q&A

What specific WCAG violations is this online food products retailer accused of?

The online food products retailer is accused of several WCAG violations, including an improperly labeled home page button, a home page link mislabeled as 'breadcrumbs,' shopping basket functions not labeled for screen reader integration, and inaccessible product information like pieces, price per weight, and mislabeled product images.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by NELSON FERNANDEZ, and he is represented by RODERICK V. HANNAH, ES

, P.

and LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create?

This case indicates that businesses, especially those with both physical and online presences, face significant legal liability under ADA Title III if their websites are not fully accessible to visually disabled individuals. It underscores the necessity for proactive accessibility measures to avoid lawsuits seeking injunctive relief and damages.

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