General Legal Issues

The legal structure of your business and general small business legal issues.

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Old 04-15-2011
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Company name: DEN Consulting
 
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Default Liability Issues? Being Sued?
Hello,
Just wondering if any of you have experienced problems with clients wanting to sue over services?
A - Could you talk about the item they were focused on.
B - Have you OR will you be carrying insurance to cover this in the future (specificy the type of insurance please)

Please identify your country in your reply.
Thank you
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Old 04-22-2011
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Default Re: Liability Issues? Being Sued?
No, I've never experienced clients who want to sue me - and can't imagine a situation where that kind of thing would happen.

Why do your posts all read like interview questions?
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Old 04-25-2011
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Default Re: Liability Issues? Being Sued?
Hi,
I am interested in offering HR virtual support to new organizations in Ontario Canada and I have been trying to decide on the best way to organize my business. I thought that if other virtual entrepreneurs could share their business designs and experiences it would help me make a more informed choice with regard to how I should set up my business.

I think my questions may look a lot like interview questions because I approach this as information and answer sharing. I also worked for an organization that required precise communication strategies and it has become second nature to me.

Hope that answers your question.
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Old 04-25-2011
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Default Re: Liability Issues? Being Sued?
Well that makes sense

There are some VAs who carry something called 'Errors and Omissions Insurance' - if you use the search feature (at the top of the site) you'll find quite a number of threads on the topic of insurance. Hope that helps!

Here's a link to the results for 'Errors and Omissions Insurance'
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Old 04-26-2011
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Default Re: Liability Issues? Being Sued?
Leazell,

You can identify the country of each post in the upper right corner, Shows Join Date, Location, Posts and Blog Entries.

Linda
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Old 04-26-2011
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Default Re: Liability Issues? Being Sued?
Thank you for the nudge to look in the upper right corner and the errors and omissions point.

Great
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Old 09-22-2011
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Default Re: Liability Issues? Being Sued?
Leazell
Thank you for asking this question as I am in the same boat - do I or don't I fork our for liability insurance ....... I am in Ireland where litigation is getting pretty serious in any business activity so I am thinking I will have to swallow the cost just to give myself piece of mind. However I am also working with a mentor just now helping me draw up my Client Contract part of which will cover indemnity, the wording at the moment is along the lines of;

In contracts for service, the typical
indemnity is that you indemnify the client against any liability for
PAYE and PRSI (Employment taxes)but you may not want this to go
in the choice is yours.
This is also your opportunity to limit what you can/will do for
the client - for example:

a. Girl Friday has no responsibility or decision making role in
respect of business decisions made by or on behalf of the Client.
b. Girl Friday has no authority to negotiate or enter into contracts
or agreements on behalf of the Client.
c. GF will not be liable to the Client for any loss suffered or
liability incurred by the Client arising out of any act, omission or
error of judgment which may be committed by GF in the course of the
provision of services under this agreement except where such loss or
liability arises from the gross negligence, dishonesty or wilful
default of GF.
d. GF will not be liable to the Client in respect of any indirect or
consequential loss, including the loss of anticipated profits,
goodwill or reputation, howsoever caused which is suffered by the
Client.
e. The Client will indemnify GF against any claims or actions arising
in respect of anything which is done by GF in a bona fide manner on
behalf of the Client.

As you can see the Indemnity section is pretty comprehensive..... but I still think I may invest in Professional indemnity insurance just in case.

Best of Luck
Lara
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Old 09-23-2011
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Default Re: Liability Issues? Being Sued?
I think it depends on the type of client you are working with, the country you are operating in and the type of services you provide. For example, do you give professional advice, visit a client's premises, have client's at your premises, have a limited company?

You'd need to be sure that in your country/state by signing a private indemnity document you will be truly covered in court if a client sues you because if not, you will need funds to cover legal fees and damages and you need to think about whether you could cover these costs without insurance.

If you only work with small clients you may get away without having insurance but at the end of the day you could make a mistake that could cost your client serious problems and money and your main priority should be to protect your business. I hope that helps.
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