Posts Tagged ‘Limited Liability’

Small Business Law

A common situation that millions of small business owners will deal with on a regular basis is frivolous law suits. According to the U.S. Chamber Institute for Legal Reform, small businesses spent $98 billion in 2005 defending frivolous law suits, this means that the cost to defend these law suits, is only increasing as more business are finding themselves as targets. While this is no doubt concerning, the reality is that you can be able to protect yourself and your business from this kind of litigation by using different tactics that will protect your business should it ever be the defendant of one of these law suits. Below are different tactics to help you protect your business and yourself from these law suits.

Have good business organization: The first kind of legal defense that you want to use is to develop a business structure that will protect your business against these kinds of law suits. This means establishing a corporation or limited liability company. What happens is most small business are set up as sole proprietorships which means that as a business owner you are responsible personally for the debt and what ever obligations that the business may have. If your business is the subject of a law suit you they could try to go after everything you own including the assets of your business. What you want to do is establish a corporation or limited liability company that will be the initial line of defense against these kinds of law suits. Please note that while this will generally protect your business this form of legal defense can be overcame by a serious legal challenge.

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Liability Law

Liability law covers a few different areas of life. As defined, the word “liability” means that someone is legally bound to pay an obligation or debt. If you are liable for something, you must pay for the item or damages. This can fall under two areas of legal concern, civil and criminal law. Within these categories, there are two divisions of liability, strict liability and vicarious liability.

Under strict liability, the person or company is solely responsible for damages that happened. For example, if a manufacturer produces a product that later causes an injury due to a product defect, the manufacturer will have strict liability for the damages.

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Corporation Law

Corporate law is the branch of law that pertains to all the legal facets of a corporation.
Whether an s corporation, a c corporation or even another business entity such as an LLC, which is also a limited liability company like a corporation but does not include many of the formalities of the s or c corporate structure.

Whichever type of business entity chosen, there will be numerous laws and regulations that must be followed. The owner of a corporation may face legal implications not only from the government but also from its customers by not being aware of corporation law.

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