This is the clearest website coverage in this group. Nevada's statute expressly covers online-only businesses, and anyone denied equal enjoyment because of disability can sue directly for actual damages, an injunction and fees, with fees available to the prevailing party, which could include the defendant (NRS 651.090). Suits must be filed within 1 year, tolled while a Nevada Equal Rights Commission complaint is pending (NRS 651.120). There are no statutory minimum damages. On top of that, the federal ADA applies in Nevada as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.
The law
The federal baseline
ADA Title III gives a private plaintiff no money damages, but a business that loses or settles pays the plaintiff’s attorney’s fees (42 U.S.C. § 12205 (opens in a new tab)). That fee-shifting is what makes a website claim expensive, in Nevada and everywhere else.
Lawsuits in Nevada
The lawsuit tracker has no indexed court records from Nevada yet.
Questions
Can a business in Nevada be sued over an inaccessible website?
Yes. The federal ADA applies in every state, and a plaintiff can sue in federal court for an order to fix the site plus attorney's fees. Under Nevada law a person can sue the business directly. Courts have applied Nevada law to a website: by statute: NRS 651.050(3)(p) makes 'any online establishment' a place of public accommodation, defined in 651.050(2) as a business offering goods or services to the Nevada public via website, mobile app or other electronic medium that is not operated in conjunction with a physical location open to the public. No case law located.
What is the minimum a Nevada court awards for a website accessibility violation?
Nevada law sets no fixed minimum per violation. This is the clearest website coverage in this group. Nevada's statute expressly covers online-only businesses, and anyone denied equal enjoyment because of disability can sue directly for actual damages, an injunction and fees, with fees available to the prevailing party, which could include the defendant (NRS 651.090). Suits must be filed within 1 year, tolled while a Nevada Equal Rights Commission complaint is pending (NRS 651.120). There are no statutory minimum damages.
Do I pay the plaintiff's lawyer if I lose or settle in Nevada?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Nevada law also provides for attorney's fees.
Which accessibility standard should a Nevada business website meet?
The ADA doesn't name a technical standard for businesses. The Justice Department's 2022 guidance points to the Web Content Accessibility Guidelines (WCAG), and its 2024 rule for state and local governments adopted WCAG 2.1 Level AA.