Livingston Bennett v. Big Agnes, Inc.

Summary

According to the complaint, LIVINGSTON BENNETT, a visually-impaired individual, is suing Big Agnes, Inc. for failing to make their website, Bigagnes.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). Bennett claims that he attempted to purchase camping gear but was unable to navigate the site due to issues such as poor alternative text and reliance on mouse navigation. He seeks a permanent injunction to require Big Agnes to make their website accessible and compensatory damages for the discrimination faced. The case highlights the need for compliance with accessibility standards to ensure equal access for all users.

About the defendant

Big Agnes provides a wide array of outdoor gear, including tents, sleeping bags, insulation pads, and camping accessories, available for purchase online.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is inaccessible to blind individuals
• Plaintiff was denied the ability to complete a purchase due to accessibility barriers
• 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.

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make its website compliant with the ADA
• Declaration of discrimination against the blind
• Class action certification
• Payment of nominal damages
• Pre- and post-judgment interest
• Award of costs and expenses
• Punitive damages
• Compensatory damages

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 Bigagnes.com and as a result have been denied access to the enjoyment of goods and services offered by Bigagnes.com, during the relevant statutory period.