A disabled person can sue in superior court (bench trial) over denial of full and equal enjoyment of a public accommodation, but only for an injunction or declaration, plus discretionary attorney fees to the substantially prevailing party (§ 168A-11(d)). No damages. The court has no jurisdiction if the plaintiff has brought federal ADA/Rehabilitation Act proceedings on the same facts (§ 168A-11(c)). On top of that, the federal ADA applies in North Carolina 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 North Carolina and everywhere else.
Lawsuits in North Carolina
The lawsuit tracker has no indexed court records from North Carolina yet.
Questions
Can a business in North Carolina 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 North Carolina law a person can sue the business directly. We found no court decision applying North Carolina law to a website.
What is the minimum a North Carolina court awards for a website accessibility violation?
North Carolina law sets no fixed minimum per violation. A disabled person can sue in superior court (bench trial) over denial of full and equal enjoyment of a public accommodation, but only for an injunction or declaration, plus discretionary attorney fees to the substantially prevailing party (§ 168A-11(d)). No damages. The court has no jurisdiction if the plaintiff has brought federal ADA/Rehabilitation Act proceedings on the same facts (§ 168A-11(c)).
Do I pay the plaintiff's lawyer if I lose or settle in North Carolina?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). North Carolina law also provides for attorney's fees.
Which accessibility standard should a North Carolina 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.