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I have had many business clients come to me after a
former client or employee has sued them. Their question
always seems to be, "How could I have avoided this
lawsuit"? I have also had many inquiries from individuals
who want to know if they can sue a business for incidents
that range from defective products to rudeness.
What I have learned in my practice is that poor public
relations can often be the catalyst for a bitter lawsuit.
The resulting lawsuit costs both sides to the dispute
thousands of dollars in legal fees and countless hours
of anxiety.
I was recently reminded of the importance of public
relations on a family vacation. While waiting to check
into a well-known hotel, a heavy brass stanchion fell
over and hit my three-year-old daughter in the head.
She was crying and her head was bleeding. Needless to
say my wife and I were upset and extremely worried that
my daughter might have a concussion.
Immediately the hotel's employees took action. They
administered first aid to my daughter, reviewed a list
of local physicians with us and arranged for a doctor
to come to our hotel room to examine my daughter. Throughout
the rest of our stay they continued to call to see how
my daughter was feeling. They even sent up a pitcher
of chocolate milk and a basket of cookies with well
wishes from the staff.
Fortunately, it appears that my daughter is fine and
although my wife and I are still upset by the incident,
the immediate action taken by the hotel employees to
help our daughter made a big difference and allowed
us to enjoy the rest of our vacation without too much
anxiety.
"The most cost-effective way to avoid a lawsuit
is simply to be nice to people."
Had the hotel not been as courteous and concerned about
our daughter's welfare, our vacation might have been
an unhappy memory and the hotel would have lost us as
guests and/or be contending with a lawsuit. Instead,
the hotel's good public relations helped alleviate some
of the anger and tension we were feeling.
A growing trend is for people to sue when they are
offended.
In my years of practice I have noticed a growing trend
in people that want to litigate over principle regardless
of the amount of money at stake. This perceived increase
in litigation might be the result of the technological
age we live in. It is easy to understand a customer's
frustration when they have to navigate through a sea
of electronic options over the telephone to obtain the
simplest, most basic information. Often a customer is
not even able to talk with a real person. It is easy
to feel isolated and disenchanted. These feeling often
become the seeds of a lawsuit motivating the individual
to seek legal counsel.
The most cost-effective way to avoid a lawsuit is simply
to be nice to people. This may sound like common-sense
advice. It is. However, too often we lose sight of common
sense when someone acts belligerent or angry when we
feel that his or her anger is undeserved. The old adage
that the customer is always right is not necessarily
true. However, all service-oriented businesses should
certainly act like the customer is always right.
If you do so you will defuse the situation and give
the customer a reason not to want to sue you. You will
then be much more likely not only to keep existing customers
but also to gain more customers since word will get
around that you are customer oriented.
PRESENTED BY:
Donner & Donner (Legal Warriors sm) is a full-service
law firm that represents individuals and businesses
as well as conducting litigation, business formation
and contract negotiations and other legal areas. Contact
them at 805-494-6557 or e-mail: donner@lawyer.com.
Check out their web site at www.donnerlaw.com.
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