Skip to content
All posts

What legal steps should I take to protect my small business in Illinois from liability claims?

As a lawyer, I advise small businesses in Illinois to take the following legal steps to protect themselves from liability claims:

  1. Obtain Liability Insurance: Small businesses in Illinois should obtain general liability insurance, which covers bodily injury or property damage caused by their business operations. This type of insurance can protect the business from paying for damages out-of-pocket, which can be financially crippling or even bankrupt a small business. Additionally, it provides legal representation if the claim goes to court.
  2. Incorporation: Incorporating the business can provide limited liability protection for the business owner or its shareholders. If a claim arises, the business's losses are limited to the assets owned by the business, and not the owner's personal assets. Incorporating in Illinois requires filing articles of incorporation with the Illinois Secretary of State, which include selecting a corporate name, appointing a registered agent, and specifying the purpose of the corporation.
  3. Compliance with Illinois laws: Small businesses in Illinois must comply with applicable federal and state laws and regulations. It includes, among others, Illinois Corporation Act, Illinois Employment Law, Illinois Sales Tax laws, and laws related to business incorporation, licensing, and zoning.
  4. Implement Safety Measures: Small businesses should conduct regular safety audits, maintain a clean environment, and follow standard safety protocols, as unsafe conditions often lead to liability claims. For instance, implementing safety protocols in manufacturing can prevent injuries to machines' operation, avoiding bodily injury claims.
  5. Secure Contracts: Small businesses should use written contracts with service providers, suppliers, or individual clients outlining the terms of each transaction. Including warranty or liability clauses related to dispute resolution, product warranties, and potential damages can limit the business's liability in case of a contingency. Contracts must comply with the Uniform Commercial Code and Illinois's contract law statutes.

It is critical to work with an experienced attorney who can guide business owners throughout the process of incorporating, obtaining legal representation, and drafting contracts or implementing safety measures.