No company is immune to lawsuits. Once there are enough grounds and evidence, anyone being it a worker, client, or an interested party can take on a company. Companies can be sued for negligence of duty, breach of contract, personal injuries, discrimination, violation of privacy, and harassment at work among others. Cases like these are usually complex, and to win, the complainant must have a strong representative in court. For example, in cases like security negligence, the best way is to hire the services of a negligent security attorney. This is rightly so because of the long difficult processes involved, coupled with companies’ ability to hire top-notch defend attorneys to fight such cases.
That aside, taking on a firm with high financial muscles than you have can be intimidating. This is even worse if you are an employee because the probability of losing your job afterward is high. That notwithstanding, you can still win such legal battles with a strong defense team.
Sadly, most of such cases die prematurely as the victims abandon their pursuits since they don’t know where and how to start. This piece seeks to take you through what can make you sue a company and the processes required.
On What Claims Can You Sue a Company?
Employees and clients can sue a company for varied reasons, so far as they have enough evidence of the claim. Depending on the company involved, you may have limited legal options. This is because most of the giant corporations have certain clauses in their user agreements or term and conditions that bare clients or consumers from suing them at federal courts. The highest you can go in such cases is to seek arbitration or sue at a lower court. The fact that you can’t sue some top companies in higher courts doesn’t make them invincible as already stated. Employees and clients can sue a company for the following reasons.
Negligence of Duty
You can sue a company for negligence of duty in an incident that resulted in injuries, theft, loss of money, property, asset, data, etc. Every company is subject to local/federal laws and contractual agreements; hence, may be liable for incidences that happen due to its negligence. If the negligence of a surgeon results in the death of a patient, the surgeon along with the hospital can be sued. To succeed in such cases, you need to prove that the incident happened, that it harmed you physically, emotionally, or financially, and demonstrate that it happened due to the company’s negligence. You will be paid compensation when the ruling goes in your favor.
Premises Liability Claims
If I entered a banking hall, slipped, fell, and got injured due to water spillage on the floor, I am at liberty to sue the bank, especially if there wasn’t any prior warning sign. Businesses are required to provide a safe environment for customers and are liable for the customer’s safety until/her leaves their premises. As such, any incidence that causes injury or damage to the customer could result in a lawsuit. Though it may be difficult to prove such negligence, if the company is found guilty, it may take up the medical bills and other damages as deemed fit by the judge.
If you deem your dismissal from work as unfair, you can seek redress at an employment tribunal. When your claims are established, your former employer would be given the right to enter a defense. If your employer is unable to provide strong reasons for why you were dismissed, you can win the case and be paid compensation. In the meantime, your loved ones can help you in dealing with depression caused by the dismissal.
No employee no matter the gender, race, religion, or age can be subjected to workplace discrimination. Workplace discrimination can be in the form of denial of promotion, salary disparities, and being overburdened with duties. State laws frown on acts of discrimination and victim can sue employers for damages or abolishment of such “coded” treatments.
Why You Need an Attorney When Suing a Company
Before you consider using your employer of a company, first seek legal advice. Hiring a lawyer is never a waste of money when using a corporation. A good lawyer can assess the strength and weaknesses of your case and advice accordingly. Attorneys are cognizant of the laws that deal with such cases and may be able to protect you from counter sue or any form of intimidation from the defense attorney. Speak to several attorneys to access your chances of winning. In addition, choose an attorney based on the record of accomplishment in similar cases.
As stated above, some cases may require out-of-court settlements, and even with that, hiring an attorney would be beneficial to your pursuit.