Bellas & Wachowski News

The In-House Counsel for 

Small Businesses™ 

Protect Your Small Business from Frivolous Lawsuits

A recent study estimates that lawsuits cost businesses $865 billion dollars annually. A significant portion represents suits leveled against small businesses and not all of them are frivolous.   

In this litigation conscious age, it is critical to 'small business' survival to take measures to minimize the risks of lawsuits. Here are some affirmative steps every business owner can take:

• Protect Your Personal Assets by forming an S or C corporation, a Limited Liability Company, or a Limited Liability Partnership. This won't prevent lawsuits, but it will permit you to protect your family and your personal assets from business debts or creditors. 

• Maintain Your Corporate Status by filing the necessary paperwork.

• Avoid Personal Guaranties whenever possible.

• List as Many Warnings as you feel are necessary -- even some that may seem obvious. Post these warnings in prominent locations and put them on your purchase orders. 

• Limit Your Warranties by including a limitation on all of your contracts or purchase orders.

• Post store policies for dressing rooms, merchandise returns, and all other activities in very clear language and post these policies in well-lit, high-traffic locations. Put return or exchange policies on receipts. The more you have clearly in writing, the more evidence there is that you informed customers.  

• Clear all potential hazards to try to avoid unnecessary accidents.  Most accidents often occur around construction, maintenance, or repair work. Rope off areas where construction or maintenance is taking place; keep signs such as "Caution", "Wet Floor" at the ready.

• Don't make promises you cannot keep. Let customers know you will try to get an item in or handle a service-related matter, but avoid making a firm commitment to do so.

• Train your staff and make sure employees know all store policies.

• Maintain insurance coverage that you need against accidents, injuries, theft, and liability.

• Create and use an Employee Policy Manual and make sure that every employee gets a copy of it or acknowledges receipt or knowledge of it.

• Don't Sue Anyone unless it is absolutely necessary.  Filing a lawsuit should be your last option.

• Hiring an Experienced Business Lawyer is the best way to avoid litigation.

Taking these steps will not guarantee you protection from every conceivable lawsuit, but it will help protect you in case you get involved. 

For more information, please contact:

George Bellas 

Bellas & Wachowski

15 North Northwest Highway

Park Ridge, Illinois 60068

Phone: 847-823-9030 x219

Email: george@bellas-wachowski.com

Web: www.bellas-wachowski.com

  RECENT NEWS & CASES

George Bellas has been named as an Invited Speaker and Moderator for the Illinois State Bar Association (ISBA) Allerton Conference on "Hot Button Civil Evidence Issues." (April, 2011)

Bill Boznos has recently settled a class action suit against an employer for failing to pay overtime wages.

George Bellas has again been identified as one of the Top 100 Trial Lawyers in the State by the National Trial Lawyers' Association.

George Bellas has been named an Illinois Super Lawyer for the 8th consecutive year for his work in business litigation. This selection is based on voting among Illinois lawyers.   

 Our Experienced and Dedicated Team Ready to Assist,  Serve and  Protect Your Interests

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George S. Bellas

Peter C. Wachowski

Vicki H. Gonzalez

William P. Boznos

Patrick Andes

Misty Cygan

George S. Bellas

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ABOUT OUR LAW FIRM  

The law firm of Bellas & Wachowski has over 37 years experience protecting individuals and small business owners throughout Chicago in matters of Business Law, Business Litigation and Employment Law. Should you be faced with matters requiring legal guidance or litigation, you should always consult with experienced business and litigation attorneys. For more information visit:

www.bellas-wachowski.com

Bellas & Wachowski

15 North Northwest Highway
Park Ridge, Illinois 60068
1.800.825.9260