As a business owner, you likely do everything in your power to limit risk and keep your business running smoothly. But no one can contไrol every eventuality, including the possibility that you might one day faꦯce a lawsuit. However, there are some actions you can take today to protect your company from being sued tomorrow. Here are five important ones.
Key Takeaways
- Small businesses can be sued for a variety of reasons and need to take steps in advance to lessen the likelihood of that happening.
- Businesses should retain an attorney who knows the laws where they operate.
- Some business structures, such as limited liability companies, can help safeguard their owners' personal assets in the event of a lawsuit.
- Businesses can also purchase liability insurance to protect themselves.
- Businesses should take measures to protect their computer systems from hacking and viruses, which can disrupt operations and lead to lawsuits.
1. Watch What You Say and Do
In conducting your day-to-day business, you and your employees should be careful about making any public statements that might be construed as libelous or slanderous. Similarly, doing business with possibly unscrupulous🌃 individuals, even if your behavior is totally above board, could get you caught up in a situation resulting in a lawsuit.
You and your employees should also try to avoid any potential 澳洲幸运5开奖号码历史查询:conflicts of interest. Even the appearance of a conflict of interest can damage the reputation of your business and land you in legal hot water. For example, sitting on the town council and helping pass an ordinance that benefits your business 🦋would seem to be a conflict of interest, even if you didn't cast your vote with any benefit for your company in ꦉmind.
2. Hire a Competent Attorney
It's always a good idea to have legal counsel on standby. You may need a lawyer to advise you before you take a particular action—or to recommend the steps to take if you happen to be sued.
You'll be best served by an attorney who is familiar with the local laws and customs where your business operates. If you anticipate legal challenges from the 澳洲幸运5开奖号码历史查询:Internal Revenue Service (IRS) o🦩r a state tax depart♛ment, it may make sense to hire a tax attorney.
If you don't already have an attorney, ask other business owners for referrals. You can also solicit recommendations from any professional organizations you belong to or your local chamber of commerce.
3. Consider Your Business Structure
Many entrepreneurs own and operate their businesses as 澳洲幸运5开奖号码历史查询:sole proprietorships. This can be risky if your business is sued because an owner's individual assets (for example, cars 🍨or a home) are fairly easy to attack or attach in a court of law.
One way to limit the possibility that your personal assets will be the target of a suit is to have a trust own the business. A trust is a legal entity that, in most cases, files its own tax return and can own property, businesses, cash, securities, and a host of🍌 other assets.
If a properly established trust owns a business and the business is sued, in most cases the only assets that can be attacked or attac🌼hed in a court of law are those that are in the trust itself.
Establishing your business as a 澳洲幸运5开奖号码历史查询:limited liability company (LLC) or 澳洲幸运5开奖号码历史查询:S corporation can also create a shield between your personal assets and your company's liability in the ev⛦ent of a lawsuit. The downside is that LLCs and S corps are more complicated and costly to set up and run than sole proprietorships.
4. Insure Yourself
All businesses should obtain 澳洲幸运5开奖号码历史查询:liability insurance—just in case, for example, a customer slips and falls in your place of business. Certain professionals, such as insurance agents and consultants, should also consider obtaining 澳洲幸运5开奖号码历史查询:errors and omissions insurance (E&O) to ensure t༒heir business is pro♛tected if a customer or client accuses the owner of making an error or not living up to a contract.
In addition to purchasing 澳洲幸运5开奖号码历史查询:insurance, you can build liability protection into your contracts. If an act of nature, a particular supplier, or some other uncontrollable act could make it impossib♑le for you to fulfill a contract (thus exposing you to legal action), you should include in that contract that you are not liable for incomplete work due to these factors.
Discussing with your lawyer the possible clauses and🧔 legal phrases you will need ✱in your work contracts can reduce your need for a lawyer later on.
Tip
If the business has a formal board of directors, it may also make sense to buy 澳洲幸运5开奖号码历史查询:direct💦ors and officers (D&O) insurance to protect�ꦇ� the directors' personal assets in the event of a suit.
5. Protect Your Files and Computer System
Most businesses these days work extensively on computers, which requires taking the n🦂ecessary steps to protect your d꧙ata from prying eyes. That means, for example, installing antivirus and other types of security software and keeping them up to date.
If a hacker or virus were to bring down your computer system, you could b൲e u⭕nable to perform work you have contracted for by the agreed-upon deadlines. Also, key files could be lost or stolen, which could lead to legal action from clients and/or suppliers whose information has been compromised.
Make sure you have a set of backed-up files to refer to ♏in the event of a massive technological breakdown. This could mean performing monthly, weekly, or even daily backups and storing them safely in another location.
What Percentage of Small Businesses Get Sued?
The Zebra, an insurance comparison site, maintains that 36% to 53% of small businesses are sued every year and 43% of them are threatened with lawsuits. It also estimates that 90% of all businesses are sued at least once during their existence.
What Should I Do If My Business Is Sued?
If your business is sued you should first contact a lawyer and your insurance company. Experts commonly advise that you not try 🐈to represent yourself, respond to the suit yourself, or ignore it altogether. An experienced lawyer can help guide 🍰you through the process.
How Much Does Liability Insurance Cost?
While costs can vary widely by the type and size of business, the trade publication Insurance Business reported in 2023 that the cost of a general liability insurance policy for a small business averaged about $40 to $55 a month, or $480 to $660 a year.
The Bottom Line
Small business owners can protect themselves against the potentially catastrophic financial consequen🐈ces of a lawsuit by taking some basic preventative measures beforehand. Even if they are unable to able to eliminate the risk entirely, they will be better positioned to deal with a lawsuit should one ever happen.