You can sue a company for any actions that violate the law. As much as you can sue, a company can also sue because it has the power of an ordinary person, “To sue, and to be sued”. Various disputes can arise between individuals and companies. Let us know how to sue a company.
There are diverse reasons for which a person can sue a company. The most common reasons are personal injury or financial claims. This article will guide you on how to Sue a company.
How To Sue a Company
- The first thing to note is that there must be a genuine cause of action. The court will not give ears to a case that has no legal sufficiency, it must be a valid case regarding matters that the court can give its rulings. The court should be the last resort. Make sure you have tried your best to settle the matter with the company out of court. Where the company refuses to agree, you can then proceed to take the case to court.
- The second important step in how to Sue a company is the ability to prove. Evidence is an important criterion in a court of law. With sufficient evidence, you will have the ability to divert the case in your favor.
- The next thing you need to do is to hire an attorney. The service of an attorney is very fundamental in a lawsuit. The attorney will take the case to court and fight your cause. Filing a suit is not too easy for an individual with no legal knowledge, as there are certain levels of understanding you are expected to have as an attorney before you go to court.
- You must sue the company in a court that has sufficient legal jurisdiction over that matter. Simply put, a court of competent jurisdiction.
- After you file your suit, a summons will be sent by the court commanding the company to appear before the court at a specific date and time.
- It is important to pay attention to the issue of limitation or statute of limitation. The status of limitations provides a period during which an individual will no longer be able to bring up action against the company. Once the period elapses, the court will give no ear to the case anymore.
What Basis Can a Company Be Liable?
As stated earlier, there are diverse reasons why a company can be liable.
- A company can be liable where it terminated a contract illegally, without any form of notice of its agreement.
- A company can be liable for monetary claims. Where the company, for instance, refuses to pay its employees for a long time or refuses to pay back the money owed, it can be liable.
- A company can be liable for misleading people into using a product that they were made to believe will be beneficial to them, but it ended up causing harm.
- A company can be liable if it plagiarizes the work of another without any prior authorization.
- A company can be sued when it causes harm to someone. The harm may not be caused directly by the company, but by the staff of the company. The company will, however, be held liable as they are responsible for the actions of their employees. For instance, the truck of a known company is being driven by a drunk driver to offload some goods. The driver left the road track and hit an individual sitting outside his house. In this case, the driver will not be liable but, the company will be liable for the negligence of its employees.
Companies That Can Be Held Liable
- The first companies that can be held liable are Non-profit organizations and NGOs.
- The second company that can be sued are For-Profit organizations such as limited liability companies and corporations(both individual owners and corporations can be sued).
- Small business owners can also be held liable for actions.
- The last on this list are government agencies such as state, federal or local governments.
With the above, it is safe to say that all companies can be held liable for any action against the law like a breach of contract or damages.
Conclusion
To protect the image of an organization, most companies avoid going to court. They try to settle any misunderstanding amongst themselves, outside the courtroom. The process of suing a company differs based on the type of company, and the legal issues in the case.
Frequently Asked Questions
- How expensive is it to sue a company?
Answer: Generally, suing requires a lot of time, energy, and money. It can be a bit expensive to sue a company, especially where there are rigorous processes for the case to pass through.
- Can I sue a company for harm caused by their worker?
Answer: Where the hurt is caused by an employee, you can sue the company for damages.
- Can I sue a non-governmental organization?
Answer: Non-governmental organizations are also companies. You can take legal action against them if the cause arises.
