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The Burden of Lawsuit Abuse on Small Businesses

By Joseph Olear

Lawsuits are nightmares. As a small business owner having experienced the run up in lawsuits, I know it is time for serious legal reform. Frivolous lawsuits continue to pile up at alarming rates-almost 1,200 a day. Most are unfounded and unreasonable, and are filed because Florida remains a haven for trial lawyers and crazy lawsuits. We are ranked as having the second worst civil justice system in the nation-a dubious title that has been demonstrated in my own experience.

As a small business owner-I have operated a bowling alley in Orlando for 24 years-I have faced my share of lawsuits, and I have seen how out of control our civil justice system is. Not too long ago, a woman was bowling and after a few rounds, she fell to the ground. Her fall wasn't caused by the floor giving in or the ceiling crashing down. She just fell. But her first reaction was to cash in the fall with a lawsuit, and she sued me for $100,000.

Over 24 years in business, my bowling alley has been the subject of numerous frivolous lawsuits. In the midst of the worst economic recession in decades, abusive lawsuits endanger both our businesses and families.

The economic climate is tough enough with Florida's skyrocketing foreclosures and 10% unemployment. Florida lost almost 400,000 jobs in the past year-second only to California. Most remaining businesses are struggling to survive. Now is not the time to entertain ourselves with abusive lawsuits that only hurt small business.

Small businesses employ 99 percent of Florida workers-and one frivolous lawsuit may very well mean the bankruptcy of a business and disaster for the families it employs. Yet a small group of unscrupulous trial lawyers are adding to the burden of financial stress by playing the "lawsuit lottery" with outrageous, frivolous lawsuits.

Unfortunately, in today's litigious society, lawsuits are seen as a quick way to cash in. But abusive lawsuits clog the court system and prevent true victims from receiving justice. As a result, Florida businesses are faced with sky-high insurance rates, unnecessary precautions, and layoffs. We are forced to pass on these costs to our customers-through higher prices and fewer services. The system is bad for small business owners, customers, and the economy.

Any business that is truly at fault should face consequence. However, suing small businesses for damages when there has been no negligence is wrong.

The unrestrained lawsuit abuse in Florida is simply not sustainable. Florida cannot afford to fill the pockets of personal injury lawyers at the expense of small businesses and job creation. We must take control through common sense reform and personal responsibility.

The right to sue is being abused. It's hurting Florida's economy, our businesses, and our families. And it must be stopped.

Joseph Olear is a small business owner from Orlando and board member of Florida Stop Lawsuit Abuse. Orlando, FL (407) 850-0015

Carlos Muhletaler
Executive Director
Florida Stop Lawsuit Abuse
www.floridastoplawsuitabuse.com
561-544-2508