Legal Question in Business Law in Florida
liability
I run a home-based computer repair business. If I am accused of doing damage to a computer, could the owner of that computer sue me for my home or an inordinate amount of money?
2 Answers from Attorneys
Re: liability
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.
Anybody can sue anybody under our legal system. If you caused injury to another, you may be found liable for damages and have to pay money to make him/her whole.
Please rest assured that your primary residence is protected against claims by others under Florida's homestead laws. It is exempt from almost all creditors' claims.
I strongly suggest that you consult with a local attorney about how to defend yourself against this action and how to situate your business to safeguard your personal assets in the future. It will be well worth the expense involved for the peace of mind you will gain.
Scott R. Jay, Esq., 305-249-8000
Re: liability
Yes, you can be sued. Anyone can be sued. That's part of having easy access to the judicial system in the United States. The amount of money that may be lawfully pursued depends on the types of claims filed against you. If the plaintiff prevails, then the question is whether the judgment can be collected. You should personally consult with an attorney immediately if you are sued or receive a demand letter. You should also consider retaining an attorney to prepare a form contract for you to have all of your clients sign that limits your liability to protect your interests in the event you ruin another client's computer.
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