Did you hear the one about dust as a defendant in a lawsuit? A Michigan couple complains that a nearby company has produced dust, noise and vibrations that “invaded” their property. Instead of filing, say, a noise or public-nuisance complaint, they sue for trespassing.

Or, how about this one? A house cleaner steals a firecracker from a cupboard in a condominium in which she works. Then, later at a restaurant, she lights it, thinking it is a decorative candle. She is severely injured, and sues the homeowners for $25,000.

Web sites such as Michigan Lawsuit Abuse Watch and OverLawyered keep an eye on frivolous, fraudulent or just plain bizarre lawsuits such as those above. They’re good for a laugh, but it’s not so funny if your business is on the receiving end of a subpoena or summons.

We live in a litigious society — who knows when the process server will show up at the door? There are some things we can do to reduce the odds of getting in a legal snarl — or at least improve the chance of a positive outcome.

That’s why we bring you “The Legally Savvy BSC”. We spoke to lawyers in a variety of specialties relevant to building service contractors, and found out that there are a lot of potential legal problems BSCs can find themselves facing. We offer some tips on finding good legal help, as well as some insight into how to avoid needing it in the first place.

Of course, since we are living in that aforementioned litigious society, we must include a disclaimer— we offer general information designed to familiarize contractors with the laws that may affect them.

What we don’t offer is legal advice — such advice must be tailored to the laws of each state, as well as to specific business situations. We recommend you consult a qualified legal expert to discuss your own circumstances. After all, I don’t want to have to read about your case on a “stupid lawsuit” site on the Internet.

This month, we also present a fascinating case study from Chicago’s Shedd Aquarium, a facility in which chemicals are verboten, conservation is king and the residents can’t complain.

Chicago is the host city for this year’s International Sanitary Supply Association (ISSA)/Interclean show, Oct. 15 through 17. If you get in town early, Mondays and Tuesdays, October through February, are discount days at the Shedd; you can even see some of the exhibits for free.




POSTED ON: 8/1/2003