Businesses can find themselves in various types of litigation. One of the most common types of litigation involves a variety of business torts. Tort law deals with various types of misconduct, including personal injury, negligence, and more.
A business tort does not result from an injury or damage to someone’s property, it is an “injury” to the other company. These injuries can create significant financial losses, including loss of clients, business relationships, and other new business opportunities. Business torts typically involve both past losses as well as losses that will happen in the future.
Business torts are also typically more complex and time-consuming, which is why it’s important to retain a Florida business litigation attorney. At Pincus & Currier LLP, we specialize in helping small and medium-sized businesses with all their commercial litigation needs.
Common Types of Business Torts
There are a number of different business torts. Some of the more common types can include:
- Breach of Contract: Breach of contract is one of the most common types of business torts companies encounter. The courts in Florida typically decide these cases based on the specific terms included in the contract, which is why it’s so important to have a well-drafted contract.
- Intellectual Property: Intellectual property claims are also common business torts, as people regularly have disputes over intellectual property theft, infringement, or misuse. Some examples can include trademark infringement, trade secret misappropriation, or copyright violations.
- Professional Misconduct: Business torts may also be brought against individuals in some instances as well. This can be against a corporate director, officer, professional, or shareholder if this individual caused harm to your business, you may have a valid tort claim.
- Unfair Competition: Unfair competition involves a company who markets a similar product and is typically alongside copyright and trademark infringement.
- Tortious Interference: Tortious interference occurs when a party unlawfully interferes with another’s business relationship or contract. The plaintiff has to prove the defendant was aware of the valid relationship/contract, was intending to disrupt the parties’ relationships, and the disruption caused the plaintiff to incur financial losses.
- Unfair Trade Practices: Unfair trade practices are deceptive trade practices that can take a variety of different forms. In Florida, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is what governs unfair trade practices. Some examples include deception, misrepresentation, or fraud.
- Commercial Disparagement: Commercial disparagement is where the defendant made false and defamatory statements, like slander or trade libel, about the products or goods of the plaintiff’s business, which resulted in a loss of business.
Protect Your Business
Pursuing legal action against the wrongdoer, or the tortfeasor, is typically the main method of stopping wrongful business practices that hurt your bottom line. Some businesses delay or decide against pursuing legal action because they fear high attorneys’ fees and lengthy litigation battles, which make litigation unsustainable.
Finding the right Florida commercial litigation attorney is imperative. You want a firm who specializes in business disputes and has experience in the courtroom. If you have questions about business torts or need assistance determining whether or not you have a case, contact the experienced team at Pincus & Currier LLP at 561-868-1340 to schedule a consultation.