Australia is a very popular place for people to start businesses. It is one of the world’s business hubs, in fact. However, if you plan on starting a business there, then the first thing that you need to know is that the nation’s commercial litigation law is somewhat complex. Commercial litigation law is something that you need to be an expert in if you plan on starting a business in Australia, in case you ever find yourself involved in a lawsuit.
Don’t worry though, you don’t need a degree in law to know about commercial litigation law, you just need to read this post. Here are six facts you need to know:
The term ‘litigation’ refers to the process of taking legal action against another person. Therefore, ‘commercial litigation’ is the process of taking legal action against a commercial entity, or a business in other words. It is usually customers that make legal claims against businesses. More often than not, claims are made because customers are sold defective goods, or because they have been injured on a business’s premises. The goal of most people when they make a claim against a business is compensation. If you do not have insurance or a lawyer backing you, then you could have to pay this compensation out of your own pocket.
It is worth noting that if you need any professional advice about commercial litigation law, you should get in touch with a lawyer. In the words of legal specialists from Crichton & Co Legal, highly specialized lawyers can help you to resolve conflicts, as well as offer strategic advice in the domain of commercial law. When a former customer is trying to take legal action against your business, it’s essential to protect yourself. Only a lawyer will be able to give you the advice, guidance, and protection that you need. It’s very likely that the person taking action against you has got their own lawyer. If you do not have one, then you will probably end up losing the lawsuit. Do your research in such situations and find the lawyer who’s most qualified and experienced in your area.
It is crucial that you get a business insurance policy that covers you for commercial litigation. If you do not have such a policy in place, then you will have to pay damages yourself if any claims are made against you (and end up being successful). Business insurance policies are very affordable and are widely available. Make sure to shop around and find the best policy for you, i.e., the one that is most affordable and has the best coverage. Always read a provider’s reviews before taking out a policy with them.
Sometimes, employees make commercial litigation claims against their employers. If you want to avoid this, then you need to do everything you can to satisfy your employees. Do not do anything to aggravate them. If you manage your employees well, you can prevent them from feeling the need to make a claim against you. If you treat them well and an accident does happen, then they will be less likely to want to make a claim of any kind. Offer sick pay, bonuses, and benefits to people who have been injured.
The distribution of products is another thing that you need to carefully manage. You need to be confident that the products you are selling are designed and produced to a high quality. If they are not, then people could end up getting hurt. Make sure that all products are checked before they are sold. If you do not produce products yourself and instead rely on a manufacturer, then you need to make sure that they take steps to check all products. You can find a lot out about a manufacturer by reading their reviews, so make sure that you do before agreeing to work with one.
Finally, in your actual business, make sure that you keep it as safe as possible. Most commercial litigation lawsuits come because customers are injured when they are wandering around other people’s stores. Keep dangerous and potentially harmful objects out of the way, ensure that stairways and walkways are clear, and keep your business clean. You may also want to ask customers coming in to wear masks so that you can protect everybody from viruses. While no claims can be brought against you for people picking up cold and flu viruses in your business, it’s just a good way of protecting everybody and showing that you care.
Being a business owner isn’t easy. Sometimes, you have to deal with claims for compensation and commercial litigation. This post has told you everything you need to know about what commercial litigation is, how to deal with it, and how to prevent it.