Written by James Wadhams

How Do I Protect My Business in this Recovery?



Frankly, if you are permitted to be open you are better off than many other businesses that are still ordered to be closed.  Even so, with the restrictions placed upon your business, it is challenging to pay for rent and  the utilities much less the payroll.  We realize many of you are not back to being fully staffed because the business volume doesn’t yet justify it. 


COVID-19 remains a challenge to the health of our country and to oustate.  For some businesses, the risk of someone simply stopping by your store and finding a lawyer to file a suit against you asserting they caught COVID in your store is a realistic possibility.  During the recently concluded 32nd Special Session, the Legislature passed a bill, SB 4, that affords some protection to businesses from frivolous lawsuits.  To get those protections, your business will have to meet the standards that have been imposed by state or local government.  This will be a challenge but also a significant opportunity to gain the benefit of the protection afforded by the bill. 


There are other actions that can be taken to enhance your businesses protection including the possible use of waivers but more importantly an agreement that any potential dispute be submitted to alternative dispute resolution.  These agreements could be used with third party suppliers and vendors if not all general visitors and customers. 


Black and Wadhams was present at the creation of SB 4 and is very familiar with the opportunities and responsibilities under that law.  We also are very experience in assisting businesses in protecting their interests.  We are available to review your business to assist you in documenting what you are doing to comply with the COVID-19 orders and how you might protect your selves in the best way possible. 


Our firm has decades of experience in advising business on a wide range of matters ranging from business organization to business operation. Call us at 702-869-8801 

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