Small Business Litigation

One thing small businesses and large businesses have in common is liability. Even before a business owner hires employees, he or she can be vulnerable to contract disputes, product liability lawsuits, and creditor liens. Once an owner hires an employee, he or she must also deal with the potential of labor issues, disputes about pay or overtime, or potential discrimination or sexual harassment lawsuits. For this reason, a small business owner should be very familiar with the issues concerning small business litigation.

Small Business Lawsuits

Small business lawsuits fall into a number of categories, including the following.

  • Contract law – contracts form a meeting of the minds between two parties. It specifies the performance and considerations for each business entity. When there are issues of non-compliance, contract law protects both parties.
  • Property law – this deals with issues concerning ownership and tenancy of real estate. Litigation may involve boundary disputes, zoning disagreements, or rightful use issues.
  • Business torts – consumers may initiate a business tort against an organization they consider at fault for civil wrongdoing. This can include product liability, property safety liability, or related issues.
  • State and federal statutory requirements – business attorneys can protect companies against accusations of noncompliance from government agencies.

The Process Of Litigation

Although the resolution of litigation often concludes in a court trial, the pretrial activities can be just as important in determining the outcome of a dispute. A business attorney will be well versed in arranging pleas, submitting effective motions, and conducting thorough discoveries. Attorneys will make sure to follow the best process to achieve the best outcome for their client. This may include avoiding a court trial altogether and working with opposing counsel through a mediator or arbiter to achieve an out-of-court settlement.

The Importance Of Preparedness

Because resources can be scarce for a small business, liabilities for business lawsuits can cause a greater impact on a small company than on a large one. Small business owners can deal with this liability by working closely with business lawyers to reduce the potential for small business litigation, and to deal effectively with lawsuits if they do arise. Call (949) 582-1544 now to schedule a FREE consultation with the small business attorneys at Mosher & Skorina.

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