Website accessibility law in New Jersey

New Jersey lets a disabled person sue straight in Superior Court with a jury for full tort damages and attorney's fees, and the state can add civil penalties of $10,000–$50,000; there is no fixed per-violation minimum. On top of that, the federal ADA applies in New Jersey as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.

The law

Minimum per violation
None set
Can a person sue for money?
Yes
Attorney's fees under state law
Yes
Other money remedies
  • suit may be filed directly in Superior Court without first filing with the Division on Civil Rights, with a jury trial on request, § 10:5-13
  • "All remedies available in common law tort actions shall be available to prevailing plaintiffs", § 10:5-13 (compensatory damages; punitive damages generally available as a tort remedy, but the standard was not verified here)
Civil penalty
up to $10,000 (first violation), $25,000 (one prior in 5 years), $50,000 (two or more prior in 7 years), paid into the State Treasury, N.J.S.A. 10:5-14.1a
Websites
We found no court decision applying New Jersey law to a website.

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 New Jersey and everywhere else.

Lawsuits in New Jersey

Our lawsuit tracker has indexed 13 federal court records from New Jersey. It’s a sample, not a complete count: it covers dockets that say what they’re about.

Compare every state

Questions

Can a business in New Jersey 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 New Jersey law a person can sue the business directly. We found no court decision applying New Jersey law to a website.

What is the minimum a New Jersey court awards for a website accessibility violation?

New Jersey law sets no fixed minimum per violation. New Jersey lets a disabled person sue straight in Superior Court with a jury for full tort damages and attorney's fees, and the state can add civil penalties of $10,000–$50,000; there is no fixed per-violation minimum.

Do I pay the plaintiff's lawyer if I lose or settle in New Jersey?

Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). New Jersey law also provides for attorney's fees.

Which accessibility standard should a New Jersey 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.