OPE daily

While tort reform is nothing new and frivolous lawsuits abound, I am always stunned to find out what constitutes legal merit. I caught sight of this story on theLawnblog and made my way over to I Am Lawsuit Abuse.org to find out more.

When a customer bought a $6,000 riding lawnmower in the spring of 2000, Rick’s company provided its usual quality service after the sale, twice servicing small repairs covered by the warranty during the heavy-use spring/summer mowing season. At the end of the season, the customer had the lawnmower picked up for minor repairs. But it turned out he had something else in mind.

Rick Popp
Ozark Outdoors
Springfield, MO

The customer claimed the manufacturer’s literature stating the machine was “built tough” was a misrepresentation, suggesting that it be repair-free. The customer decided his request for a refund wasn’t enough and took Rick and his company to court where a judge awarded the customer his original request - a refund of the purchase price of the mower.

This, however, isn’t the only cost of a trial such as this. Court and attorney fees can be astronomical (Rick estimates his costs at $10,000 above the refund price) and wages and lost productivity can add up quickly. The intangible cost is what this does to your morale, your image, and your future business.

I will try and highlight a few more of these stories and discuss some of the legal issues contractors and small businesses in general will be facing in the years to come. More importantly I will talk about what you and your lawyer can do to prevent situations such as this from happening. Fortunately it isn’t all doom and gloom and there are ways to protect yourself and your business. It will probably require, at some point, one of those afore mentioned ambulance chasing money hungry leec… I mean attorneys. I could possibly be sued for libel.

Have you been a lawsuit abuse victim? Let me know your story.