Lawsuit Abuse Part II
Here is a common story among friends. I Am Lawsuit Abuse has officially frightened me.
When doing business with friends and family, there is a tendancy to take a more casual approach then you would have otherwise. Problems arise when people have no loss or problem with a situation but find a point of law, however obscure or out of context, that they can claim legal merit.
Rollie Haas
Master Landscapes
Salinas, CA
Mr. Haas, President of Master Landscapes of Salinas, CA, leased part of his friends 20 acres to store trucks and equipment for the company. Rollie and his business put about $15,000 into upgrading the driveway and entrance to the property to make it useable for Master Landscapes and his friend’s equipment as well.
His friend frequently told him to “just feel free” to use any of the equipment sitting on the property if they needed to. Rollie found the equipment to be faulty and in disrepair. Rollie notified his friend that the equipment was unsafe and leaking oil. His friend became accusatory and following conversations became “more like harassment.” Rollie had the opportunity to move his plants and equipment to another location and decided that would be better for everyone involved.
A few months after he moved to the new property, he was notified that Master Landscapes was being sued for destruction of equipment, destruction of the property’s well, and damage to the road and driveway. The trial lasted just three days and Rollie was vindicated and his former friend had to pay court and attorney fees, but that doesn’t mean it didn’t cost Master Landscapes anything.
“Some of my employees had to come into court and testify,” says Rollie. “Not only the fact that you’re paying them to come in and testify, you’re losing the production of what they would be out doing.”
Situations can be avoided, or at least the incident can be lessened, if you follow your legal protocol. Use contracts, maintain copies of correspondence, and just a little legwork can prevent headaches. These same documents will help you if you still find yourself in court.
