Business Owners: Six Steps to Limit Liability and Reduce Risk - Trembly Law Firm - Florida Business Lawyers (2024)

No business owner wants to face a lawsuit. The good news is that you can proactively take steps to lower your liability and reduce your risk. In this blog entry, we’re going to discuss several essential protections that every business should have in place.

Ways To Reduce Liability Risks

Below are a few methods to limit liability claims. The general rule of thumb is to implement common sense and protect employees and visitors – you don’t want to be the next workplace that starts a forest fire or refuses to let people take bathroom breaks

1. Structure Your Business Properly.

How you structure your business is a critical decision. A limited liability corporation, for instance, provides good protection for most small or sole-proprietorship businesses. If your business is an LLC and you are sued, your potential liability will typically only involve business assets, not personal assets.

Meanwhile, corporations provide additional protections that are often important. Speak to a business lawyer and structure your business properly! Decide whether an LLC or corporation is more appropriate for your business.

2. Purchase Insurance To Limit Your Exposure.

Business insurance is available for a wide variety of needs. Here are some of your choices:

Home-Based Business Insurance: Usually, homeowners’ insurance policies won’t cover home-based business losses. Some home policies have riders available, or it may make sense to get a specific policy to cover your business.They help when you have people risking injury as they visit your property or work there.

General Liability Insurance: General liability insurance covers things like accidents, injuries and claims of negligence.

Product Liability Insurance: Product liability insurance protects against losses from lawsuits resulting from a defective product that causes injury or bodily harm.

Professional Liability Insurance: Professional liability insurance protects against suits specific to certain professions, such as losses due to malpractice suits for doctors. In the state of Florida, some medical professionals can waive this insurance if they meet certain conditions.

Commercial Property Insurance: Commercial property insurance covers losses and damage to physical company property.

We can help you think through your options! Figure out which insurances make the most sense for your business.

3. Identify Risks And Implement Procedures To Minimize Them.

It’s impossible to completely eliminate risk in your workplace. But by implementing procedures to minimize risk – ranging from customer slip and falls to the loss of confidential information, depending on the nature of your business – you can reduce their likelihood.

Additionally, if you can demonstrate in court that you’ve taken reasonable steps to ensure safety, you are in a stronger position should a lawsuit occur. It means that to a jury or a judge, you made sure that people were adequately protected.

4. Implement Sanitation Procedures

No one wants to get sick. Least of all, you don’t want someone to get sick or injured on your watch. While sometimes you can’t help flu season coming through, you can prevent controllable outbreaks and illnesses.

If serving food to employees and visitors, ensure that perishables are adequately stored to prevent spoiling. Implement hand sanitizer stations at various checkpoints and refill them regularly. Have a cleaning crew that comes frequently. In the worst case, such as during a pandemic, prepare to shut down temporarily, furlough your employees, and establish work-from-home policies.

5. Put Signs All Over Your Workplace

Always cover your workplace’s interests by putting warning signs for potential risks. If necessary, have staff-members provide verbal reminders to visitors.

Consider Disney World, as one example. The theme park is built into the Central Florida swamps, meaning that wildlife may come through the artificial canals. After a tragedy that led to the death of a child, new warning signs emerged warning people not to swim in the lakes.

6. If It’s In Writing… Make Sure It’s Accurate.

When you’re marketing, it’s tempting to push the limits to make a sale. But stretching the truth and misrepresenting your business, products, and services is an easy way to get sued.What’s worse, you will potentially lose. Lawyers know how to read the fine print and make you honor agreements, so do courts.

Pay attention to any industry regulations and use common sense. Don’t say that your silver solution is edible or will cure diseases. What’s more, make sure you can verify all your claims. It’s also important that your contracts are created by a business lawyer who understands your business – a solid contract provides critical protection against lawsuits.

Improve Your Risk Management With Trembly Law

The Trembly Law Firm wants to protect your personal assets. We have serviced many clients over the years to ensure they have protection and proper legal advice. You deserve to know how to survive any litigation.

Running a business requires risk – there is no getting around it. But it is important to do everything that you can to reduce your risk levels. We can help – please contact us today to learn more!

Business Owners: Six Steps to Limit Liability and Reduce Risk - Trembly Law Firm - Florida Business Lawyers (2024)

FAQs

Business Owners: Six Steps to Limit Liability and Reduce Risk - Trembly Law Firm - Florida Business Lawyers? ›

Implement risk management strategies. You can reduce your risk of legal claims against your business by following all applicable laws and regulations, keeping accurate records, and establishing the right procedures within your business.

How can a business owner protect themselves from personal liability? ›

How You Can Avoid Piercing the Corporate Veil
  1. Comply with formal rules for forming and maintaining a corporation or LLC.
  2. Maintain a separate bank account for the corporation or LLC.
  3. Don't combine (comingle) personal assets with those of the corporation or LLC.
  4. Don't divert corporate or LLC assets for personal use.

What could you do as a business owner manager to reduce the likelihood of tort claims against your business? ›

Implement risk management strategies. You can reduce your risk of legal claims against your business by following all applicable laws and regulations, keeping accurate records, and establishing the right procedures within your business.

How do small business owners protect themselves from risk? ›

Buy business insurance.

Most businesses need general liability insurance, which protects the business from a variety of claims that can arise from business operations. A business owner's policy combines general liability with property coverage and is a popular solution for many small business owners.

How do owners of a company have limited liability? ›

A limited liability company (LLC) is a business structure that offers limited liability protection and pass-through taxation. As with corporations, the LLC legally exists as a separate entity from its owners. Therefore, owners cannot typically be held personally responsible for the LLC's debts and liabilities.

Can personal creditors go after my LLC? ›

Creditors May Foreclose on California LLC Members

Unlike many other states, California's LLC law does not provide that a charging order is the exclusive remedy of LLC members' personal creditors. Rather, it allows a creditor to foreclose on the debtor-creditor's LLC interest.

How to not get sued as a business owner? ›

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.

Does LLC protect you from getting sued? ›

LLCs are generally valued as a business structure in that they protect the personal assets of members. If you are sued or face creditor claims, only the assets of the LLC itself can be subject to a judgment lien, with few and extraordinary exceptions. The same is true if the business fails.

Can you form an LLC to protect yourself from personal liability? ›

When you form an LLC, you establish a new business entity that's legally separate from its owners. This separation provides what is called limited liability protection. As a general rule, if the LLC can't pay its debts, the LLC's creditors can go after the LLC's bank account and other assets.

How do you stop someone from suing you? ›

Some of the more common motions are:
  1. Demurrer. You can file a demurrer to tell the court that the complaint filed by the plaintiff does not meet the legal requirements to tell you the reasons why you are being sued. ...
  2. Motion to strike. ...
  3. Motion to quash (cancel) service of summons. ...
  4. Motion to stay.

What are some ways to reduce your risk of liability? ›

Here are seven steps to help protect yourself from liability risk:
  • STEP 1: Purchase adequate property and casualty coverage. ...
  • STEP 2: Add an umbrella policy. ...
  • STEP 3: Consider optional coverage for household employees. ...
  • STEP 4: Don't forget about children and other dependents. ...
  • STEP 5: Consider professional liabilities.

What can managers do to limit their personal liability and that of the organization? ›

As the saying goes, “The best defense is a good offense.” The best way to avoid personal liability for employment actions is to do your job as a manager in a manner that is in compliance with the law and with your organization's current and legally compliant policies.

How can small business owners minimize the risk? ›

Having a business plan, watching your cash flow and getting the right types of insurance in place are all important ways to reduce business risk. There are also numerous legal pitfalls to be aware of.

What is the simplest form of protection for small business owners? ›

General Liability Insurance

Many small business owners also get a general liability insurance policy that includes product liability insurance. This can help protect their company from claims of bodily injury or property damage that their products cause.

How can a business have limited liability? ›

Limited Liability is a legal structure whereby shareholders or directors are legally responsible for their company's debts only up to the value of their shares. The directors will only be liable for debts of a certain amount – this is up to the value of the shares they hold in the business.

What is the limitation of liability of owner? ›

A limitation of liability clause in a contract limits the amount of money or damages that one party can recover from another party for breaches or performance failures. In other words, the clause can put a cap on the number of damages the organization will have to pay under certain circ*mstances.

What are the limits of liability on business? ›

The vast majority small businesses purchase a general liability policy with a $1 million per occurrence limit and a $2 million aggregate limit.

What offers limited liability to owners? ›

An LLC owner may provide various professional services, but it should be noted that an LLC offers limited liability protection. Unlimited personal liability protection is often at the forefront of the minds of business owners. Small business owners often form an LLC once they develop their business plan.

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