From JD Supra Perspectives - Any business operating a website for use by customers or other members of the public should take heed of a recent California decision that found a retailer liable for violations of federal and state disability access laws based on a disabled individual’s inability to navigate a website using a screen reader program.
What You Need to Know
- The court found that the plaintiff’s description of the alleged access barriers on the website was sufficient to prove a violation of federal and state law
- The court found the retailer liable for the alleged violations based on a relatively limited showing
April 21 2016
In Davis v. BMI/BNB Travelware Co., the plaintiff, a blind individual, filed suit against a retailer based on the theory that its website, ColoradoBaggage.com, was not accessible to the disabled. The plaintiff maintained that his screen reader software (commonly used by individuals with visual impairments to access online content) experienced various problems when attempting to navigate the website, which had not been properly coded to be compatible with such screen reader programs. The California Superior Court, the trial court, ruled in favor of the plaintiff on claims under the Americans with Disabilities Act and the California Unruh Civil Rights Act, awarding monetary damages and broad injunctive relief against the retailer.
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March 25, 2016 - Wall Street Journal
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April 11, 2016 - Lexology.com
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