Most businesses are sued during their existence, even smaller enterprises. Therefore, as a Florida small business owner, it’s important to be aware of the reasons why another party may bring a suit against you or your entity. So, what kinds of claims can be raised in a Florida small business lawsuit?
Types of Florida Business Lawsuit Claims
Various types of claims can be raised in a Florida small business lawsuit. The issues generally depend on the specific enterprise, the kind of business it conducts, and whether it has a retail or another public component.
Contracts and Florida Small Business Lawsuits
Most small businesses use contracts to support their operations. These crucial documents can cover everything from vendor agreements to real estate leases. Not surprisingly, one of the most common types of Florida business lawsuit claims involves breaches of contract disputes. Breach of contract claims can arise when parties can’t or won’t fulfill a contract term. These types of claims may involve extensive litigation. However, it is also possible for the parties to resolve their contract-related differences outside of court.
The direction a contract claim takes often involves several elements. However, not all contracts are valid or enforceable. A party may attempt to sue for something that wasn’t clearly defined or is not permitted under the law. For instance, some Florida agreements must be in writing to be enforceable, while others can be entered into verbally. Further, Florida law does not allow terms that unfairly prohibit an employee’s post-employment activity.
Contracts are complex legal agreements. Therefore, it’s important to work with an experienced Florida business attorney when developing these essential documents. If you have existing agreements and encounter potential breach of contract issues, you should contact an experienced business lawyer as soon as possible.
Tort Claims and Florida Business Lawsuits
Another type of claim that may be brought against a small business involves tort liability. The term tort refers to personal injury cases. Small businesses that operate retail locations may be vulnerable to customer injury tort claims. These may involve slip and fall incidents. Further, small businesses that produce retail products could be subject to product liability claims. Entities that employ others may also be vulnerable to workplace personal injury claims. Employees who are injured because of employer negligence may have a claim against their employer.
Employees and employers can have disputes that escalate to the point of there being legal action. These types of issues can arise over contracts such as non-compete and non-disclosure agreements. There may also be employment discrimination allegations or tort liability issues. Employers can also encounter independent contractor classification disputes.
Partnership and Shareholder Disputes
When a business is formed as a partnership or company, the partners and officers have certain responsibilities to one another and the enterprise. Sometimes, partners and shareholders disagree or believe there has been a breach of fiduciary duty. In that instance, the circumstances may lead to legal action.
These are some of the more common legal claims that can be brought in a Florida small business lawsuit. The best way to protect your enterprise from these and other legal claims is by working with an experienced Florida small business attorney. Your small business lawyer can help you assess your enterprise, establish goals, and develop strategies to safeguard what you have built. If you are faced with a legal claim, your counsel can help you evaluate the claim and determine your options.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.