The mind of an ordinary entrepreneur thinks about profit, which is perfectly okay. But have you ever considered all the potential legal risks of running a business? Whether a small start-up or an established company, you could be embroiled in many legal pitfalls, costing your business money and time and destroying its reputation.
For these reasons, you should be vigilant in identifying and mitigating potential legal perils. This article will explore ten different types of businesses and highlight associated legal risks. Understanding these risks helps proactively safeguard your business from running into legal headwinds.
1. Farmers
Farming is a vital industry in the US, providing food and raw materials for many other businesses. While endeavoring to provide security, farmers face various legal risks that could jeopardize their livelihoods. One common legal risk farmers face is product liability, where you could be sued for products that cause injury or illness to consumers.
For instance, small amounts of organic soy lecithin are permissible in food products labeled as organic. However, excess usage could lead to health issues, including diarrhea, loose stool, and mild stomach ache. You risk facing lawsuits from consumers who suffer from these health issues if you use this ingredient in excess.
2. Clinics
Running a clinic or any other healthcare facility has its fair share of legal risks. One significant risk clinics face is malpractice liability, where patients sue the doctors for medical negligence, resulting in injury, illness, or even death. Even with insurance coverage, malpractice lawsuits can still be financially draining and damaging to a clinic’s reputation.
Another legal risk faced by clinics is regulatory compliance. Federal and state laws regulate healthcare facilities, including clinics. These regulations cover patient privacy, billing practices, and proper handling and disposal of medical waste from a detox process. Non-compliance with these regulations can lead to hefty fines or revocation of a clinic’s license.
In recent years, HIPAA compliance and PHI have become a significant concern for clinics and healthcare providers. The Health Insurance Portability and Accountability Act (HIPAA) sets standards for protecting sensitive patient information, also known as Protected Health Information (PHI). Failure to comply with HIPAA regulations can result in penalties, fines, and legal action. In 2019 alone, healthcare providers saw 18 enforcement actions by the OCR, with settlements between $3,500 to $160,000, according to Symplr.
3. Tire Shops
Product liability is tire shops’ most common legal risk. Tires are a crucial vehicle component and can significantly impact its safety. If customers buy tire products that turn out to be defective or unsafe, they can be held liable for any accidents or injuries. It’s essential for tire shops to carefully select their suppliers and ensure that all tires sold meet safety standards.
Besides product liability, tire shops also face legal risks related to employment and business operations. Like clinics, you must comply with regulations such as OSHA workplace safety guidelines. That means providing training and protective equipment to employees, as well as regularly inspecting and maintaining equipment. You must also comply with EEOC regulations for equal employment opportunities, including preventing discrimination and harassment in the workplace.
Tire shops must also stay compliant with environmental regulations. Tires can be hazardous waste when disposed of improperly, so tire shops must follow proper disposal procedures to avoid fines or penalties. For instance, according to the Washington State Department of Ecology, disposing of vehicle tires on private or public land could attract a fine of up to $2000. You may also face legal issues related to intellectual property if you use copyrighted material without permission.
4. Insurance Companies
Insurance companies, particularly auto insurance companies, grapple with numerous legal risks. The most pervasive of these is the risk of insurance fraud, where claimants provide false or misleading information to secure payouts. It can range from exaggerated claims to staged accidents and imposes significant financial burdens on insurers.
Another legal risk is non-compliance with regulatory standards. The insurance industry is heavily regulated, and companies must adhere to various laws and regulations, such as data privacy, pricing, and unfair claims practices. Failing to comply can result in hefty fines, sanctions, or even loss of an operating license.
Insurers may face litigation from policyholders over claim disputes. If policyholders believe their claim has been unjustly denied or undervalued, they can take legal action against the company. Such cases can increase legal costs and potential reputational damage for the insurer. In light of these risks, insurance companies must have robust legal and compliance departments and ensure all staff are well-versed in the relevant laws and regulations.
5. Exterminators
Exterminators and local pest control professionals confront several legal risks in their line of work. A primary legal challenge is related to liability issues. If extermination procedures inadvertently cause harm to property or people, the company could be held liable. For instance, incorrect usage of pesticides can cause health risks for occupants or contaminate surrounding areas. Such a mistake can lead to hefty lawsuits and damage the company’s reputation.
Equally significant is adherence to regulations. Exterminators in the United States must comply with strict industry-specific rules, such as those outlined by the Environmental Protection Agency (EPA). These regulations cover the proper use, storage, and disposal of pesticides and other hazardous substances. Non-compliance can lead to substantial fines and penalties, damaging a company’s finances and reputation. For instance, Terminix International Co, a pest control company, was fined $10 million in 2016 for using a chemical containing methyl bromide in residential areas.
Furthermore, there’s the risk of lawsuits related to service disputes. If customers believe the extermination service was ineffective and caused continued or worsened infestations, they might seek legal redress. Exterminators should prioritize staff training, adopt best practices, maintain appropriate insurance coverage, and strictly comply with all relevant regulations.
6. Roofers
A significant concern for roofers is job site accidents or injuries, which can lead to legal repercussions. Given the height and equipment involved in roof work, the potential for severe injuries or even fatalities is high. According to eLCOSH, roofers have the fifth-highest job-related death rate in the construction industry. The numbers add up to 29.9 deaths per 100,000 workers.
According to the publications, about 50 roofers die at work each year, mostly from falling. Therefore, every roofing company should take adequate safety measures to prevent such instances. Failure to do so can lead to substantial lawsuits and workers’ compensation claims.
Adhering to safety regulations is crucial in this profession. The Occupational Safety and Health Administration (OSHA) in the United States stipulates strict safety guidelines for roof work. These include proper usage of safety equipment, fall protection, and training requirements. These guidelines are designed to protect workers and reduce the risk of accidents. Non-compliance with these rules can lead to hefty fines and penalties from OSHA.
Moreover, roofing companies could also face legal disputes related to service disputes. For example, a customer may seek legal redress if the roof leaks or deteriorates prematurely. In such cases, liability insurance can provide a safety net. Liability insurance protects roofing companies from expensive legal battles and damages claims.
7. Funeral Homes
Like roofing companies, funeral homes also have their fair share of liability concerns that they must address. One of the most common issues arises from miscommunications or errors in service delivery. These may include issues like misidentification of bodies, mishandling of bodies, or a wrongfully inscribed gravestone. Such incidents can lead to substantial emotional distress for the bereaved families involved and, in turn, lawsuits against the funeral home.
In terms of regulations, funeral homes in the United States are regulated by both state and federal laws. The Federal Trade Commission’s ‘Funeral Rule’ provides specific guidelines on pricing, providing consumers with itemized price lists and prohibiting deceptive or unfair practices. Non-compliance with this rule can result in hefty fines and penalties. According to the Federal Trade Commission, violating the Funeral Rule attracts a penalty of up to $43,280 per violation.
Furthermore, most states have other regulations under their respective Departments of Health. These regulations often include specific licensing requirements, mandatory continuing education for funeral directors, and health and safety standards’ adherence. Compliance with these state and federal regulations is paramount for funeral homes. It can ensure they maintain their operating licenses and protect themselves from legal and financial challenges.
8. Locksmiths
Locksmiths, while seemingly straightforward in their operations, are not exempt from potential legal risks. A predominant concern is the potential for property damage during the unlocking, key making, or rekeying process. If a locksmith is negligent and causes significant damage to a client’s property, they may face legal claims for the cost of repair or replacement.
Another potential legal risk involves the unauthorized duplication of keys. If a locksmith duplicates a key without the owner’s consent and this action results in property theft or damage, the locksmith could be held liable. Furthermore, locksmiths are often privy to sensitive information like home or business security details, and any misuse of this information could lead to serious legal implications.
On the regulatory side, many states require locksmiths to be licensed. This process typically involves background checks, fingerprinting, and proof of insurance. Failure to comply with these requirements could result in penalties or revocation of a locksmith’s license. To mitigate these risks, locksmiths should ensure proper insurance coverage and adhere to all state licensing requirements. They should also obtain written consent from clients before duplicating any keys and maintain strict confidentiality when handling sensitive information.
9. Plumbers
Liability issues are a main concern for plumbing companies. According to Medium, water leaks are one of the most common plumbing issues, making up 27% of all plumbing emergencies. Mistakes during a commercial drain cleaning job can lead to significant water damage, resulting in expensive legal claims. Plumbing liability issues also cover health and safety risks associated with faulty installations.
Another potential legal risk involves a violation of building codes and regulations. If a plumber fails to comply with local codes or doesn’t pull the necessary permits for a job, they could face fines or penalties. In 2021, a Georgian locksmith company was fined $250000 for engaging in deceptive and unfair practices, according to the Office of the Attorney General. In severe cases, they may jeopardize their license. Plumbers must stay up-to-date on all building codes and regulations in their area and follow them correctly.
To minimize these risks, plumbing companies should have comprehensive liability insurance coverage. They should also ensure their employees are trained and licensed and conduct regular safety checks on equipment and tools. Additionally, keeping accurate records of all jobs and adhering to proper protocols can help protect against legal disputes.
10. Body Shops
The liability risk looms large in this auto body shop industry, given that a slight misstep in vehicle repairs can lead to traffic accidents, causing bodily harm or even death. Such failures could result in expensive litigation and settlements. One such legal risk arises from mishandling hazardous materials, including automotive fluids and certain types of auto body filler.
Body shops must also comply with numerous regulations and laws. For instance, the Federal Trade Commission’s Used Car Rule mandates that every used car needs a ‘Buyer’s Guide’ on display. The guide must provide information about warranty coverage, among other things.
Furthermore, body shops must adhere to regulations regarding hazardous waste disposal. For instance, according to the Department of Ecology, they must follow laws like the Dangerous Waste Regulations, Hazard Communication Standard, and Auto Body Rule. These laws and regulations have been designed to protect the environment and public health.
Other legal issues that may plague a body shop include contract disputes, quality of craft, and pricing disputes. The nature of the work performed by a body shop means that customers may sometimes feel unsatisfied with the result, which could lead to legal repercussions. Therefore, body shops must have sound contracts and pricing agreements and employ skilled workers who can deliver quality repair services.
As a business owner or someone looking to enter any of these industries, you must understand the legal risks you could face. It is about protecting yourself from lawsuits and ensuring that your business operates within the confines of the law. Consult with legal professionals and stay updated on new laws or regulations affecting your industry to avoid potential legal issues.
