Kenneth Potrykus v. Victorinox Swiss Army, Inc.

Case Summary

According to the complaint, Kenneth Potrykus, a visually impaired individual, is suing Victorinox Swiss Army, Inc. for failing to make its website accessible under the Americans with Disabilities Act (ADA). Potrykus alleges that the website, https://www.victorinox.com, contains significant barriers that prevent blind and visually impaired users from independently navigating and completing transactions. He claims that these barriers include inaccessible navigation menus and lack of proper alternative text for images. Potrykus seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals who have faced similar issues.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)

Key Allegations

• Website is inaccessible to blind and visually impaired individuals
• Access barriers prevent independent navigation and transactions
• Defendant failed to implement necessary accessibility features

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with ADA accessibility standards
• Declaration of discrimination against visually impaired individuals
• Class action certification
• Pre- and post-judgment interest
• Award of costs and attorney fees

Proposed Class

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

Jurisdiction & Venue

Subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).