Andre Battle v. New West Knifeworks, LLC

Summary

According to the complaint, Andre Battle, a visually-impaired individual, is suing New West Knifeworks, LLC for failing to make their website, Newwestknifeworks.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from completing transactions, violating the Americans with Disabilities Act (ADA). Battle attempted to purchase a steak knife set but encountered multiple accessibility issues, including improper functioning of the 'Skip to content' link and inadequate alternative text for images. The plaintiff seeks injunctive relief to ensure the website becomes accessible and compensatory damages for the discrimination faced.

About the defendant

New West Knifeworks provides a wide array of premium cutlery and kitchen tools, including knife sets and custom handcrafted blades, available for purchase online.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is inaccessible to blind and visually-impaired persons.
• Plaintiff encountered multiple accessibility barriers preventing him from completing a purchase.
• Defendant failed to implement necessary modifications to make the website accessible.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Violation of 42 U.S.C. §§ 12181 et seq. - Title III of the Americans with Disabilities Act
• Declaratory Relief
• Negligent Infliction of Emotional Distress

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• A declaration that Defendant’s website discriminates against the blind
• Payment of nominal damages
• Compensatory damages in an amount to be determined at trial
• Punitive damages
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

all legally blind individuals in the United States who have attempted to access Newwestknifeworks.com and as a result have been denied access to the enjoyment of goods and services offered by Newwestknifeworks.com, during the relevant statutory period.