What legal steps should I take as a small business owner in New York to protect myself from potential lawsuits from customers or clients?
Legal Steps for Small Business Owners in New York
As a small business owner in New York, there are several legal steps you can take to protect yourself from potential lawsuits from customers or clients.
Here are some actions you can take:
- Incorporate Your Business: One of the best ways to protect yourself from personal liability is to incorporate your business. By doing so, your business becomes its own legal entity, which means that any legal liabilities related to the business are separate from your personal assets. You can choose to incorporate as a C-corporation, S-corporation, or Limited Liability Company (LLC). Each has its own set of advantages and disadvantages, so it is recommended to consult with an attorney to determine which is the best option for your business.
- Obtain Insurance: Another essential step to protect yourself from potential claims is to obtain insurance. General liability insurance, for example, can cover legal claims related to bodily injury or property damage that may be caused by your business. Errors and omissions (E&O) insurance, also known as professional liability insurance, can protect your business from lawsuits related to mistakes, negligence, or errors you or your employees may make while performing work for a client.
- Draft Clear Agreements: It is essential to have clear agreements in place with your clients or customers to avoid misunderstandings that could lead to legal disputes. Be sure to clearly outline the scope of work, payment terms, deadlines, and any other relevant details. Consider having a lawyer review and draft contracts to ensure they are legally binding and hold up in court.
- Keep Accurate Records: Keeping accurate records of all transactions, services performed, and payments received can help protect you in the event of a lawsuit. This documentation can prove that there was a clear understanding between you and your client, and that services were indeed performed.
- Stay Up-to-Date with Regulations: It is your responsibility as a small business owner to stay up-to-date with any regulations or laws that may apply to your business. This includes consumer protection laws, zoning laws, employment laws, and more. Failing to comply with any relevant regulations can make your business vulnerable to legal action.
While these steps can help reduce your exposure to lawsuits, there is always a risk of legal action when running a business. In the event that you are sued, it is recommended that you contact an experienced attorney as soon as possible to evaluate your options and provide legal representation.
Remember, the above advice is for informational purposes only and is not a substitute for legal advice from a licensed New York attorney.