UsableNet's midyear report projects around 6,176 digital accessibility lawsuits in 2026. That's nearly 20% higher than 2025's 4,928 cases. And 79% of them target e-commerce sites.
These are US figures. But if you're a UK developer thinking "not my problem," you might want to reconsider.
The Numbers in Context
Let's break down what's happening:
- 2025 total: 4,928 lawsuits
- 2026 projection: 6,176 lawsuits
- Year-on-year increase: ~20%
- E-commerce share: 79%
This isn't a spike. It's a consistent upward trend that's been building for years. The legal infrastructure around accessibility claims has matured. Plaintiff firms have streamlined their processes. Testing tools make it straightforward to identify violations at scale.
Why E-commerce Gets Hit Hardest
That 79% figure isn't random. E-commerce sites combine several risk factors:
- High transaction volume — more users means more potential plaintiffs
- Complex interactions — product filters, shopping carts, checkout flows all create accessibility failure points
- Frequent updates — new products and promotions can introduce fresh issues
- Clear commercial benefit — courts see denying access to online shopping as tangible harm
Common failures on e-commerce sites include:
- Product images without alt text (WCAG 1.1.1)
- Colour contrast issues on sale badges and CTAs (WCAG 1.4.3)
- Keyboard traps in modal windows and carousels (WCAG 2.1.2)
- Form labels missing or incorrectly associated (WCAG 1.3.1, 4.1.2)
- Checkout flows that time out without warning (WCAG 2.2.1)
What This Means for UK Developers
The UK doesn't have the same litigation culture as the US. We don't see the same volume of accessibility lawsuits. But that doesn't mean UK sites are exempt from consequences.
The Equality Act 2010
Under the Equality Act, service providers must make "reasonable adjustments" for disabled people. Websites count as services. The Act doesn't specify WCAG, but WCAG 2.1 AA has become the de facto standard that regulators and courts reference.
Enforcement has historically been light. That's changing. The Equality and Human Rights Commission has increased its focus on digital services. And individual claims, while less common than in the US, do happen.
International Clients
If you build sites for clients who sell to US customers, their accessibility failures become your professional concern. A UK agency delivering an inaccessible e-commerce site to a US-facing client is handing them legal exposure.
The same applies to EU clients under the European Accessibility Act, which comes into full force in June 2025.
Procurement Requirements
Public sector contracts increasingly require WCAG 2.1 AA compliance. Many large private organisations now include accessibility requirements in their procurement processes too. If your sites can't pass an accessibility audit, you're limiting your market.
Practical Steps to Reduce Risk
Accessibility isn't about avoiding lawsuits. It's about building websites that work for everyone. But if the legal angle helps get budget approved, use it.
Here's where to focus:
1. Audit Your Existing Sites
Run automated scans to catch the obvious issues. Automated tools typically find 30-40% of WCAG failures — things like missing alt text, contrast issues, and form label problems. That's your low-hanging fruit.
2. Fix the High-Impact Issues First
Prioritise based on user impact and legal risk:
- Keyboard accessibility — can users complete key tasks without a mouse? (WCAG 2.1.1)
- Form accessibility — are labels properly associated? Are errors clearly identified? (WCAG 1.3.1, 3.3.1, 3.3.2)
- Image alt text — do meaningful images have descriptions? (WCAG 1.1.1)
- Colour contrast — does text meet 4.5:1 for normal text, 3:1 for large text? (WCAG 1.4.3)
3. Build Accessibility Into Your Process
Retrofitting accessibility is expensive. Building it in from the start costs far less. Add accessibility checkpoints to your design reviews and QA processes.
4. Test With Real Users
Automated tools and manual audits catch technical failures. Testing with disabled users reveals usability issues that compliance checks miss. Even occasional testing sessions provide valuable insights.
5. Document Your Efforts
Maintain records of accessibility audits, remediation work, and testing. If questions arise, you want evidence of good faith efforts to comply.
The Bigger Picture
6,176 lawsuits represents a tiny fraction of the websites that have accessibility issues. The WebAIM Million report consistently finds that over 95% of homepages have detectable WCAG failures.
Most inaccessible sites won't face legal action. But all of them are excluding users. In the UK, that's roughly 16 million people with a disability — and their combined spending power of £274 billion annually.
The lawsuit numbers are a symptom. The underlying issue is that we're still building websites that don't work for a significant portion of the population.
Whether your motivation is legal risk, commercial opportunity, or simply building things properly — the answer is the same. Learn WCAG. Apply it consistently. Test your work.
WCAGCheck scans your website for WCAG compliance issues and tells you exactly what to fix. Try it free at wcagcheck.co.uk