Cyclone, PA asked in Business Law for Pennsylvania

Q: Can i sue phone company for losing business

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1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: The question does not really identify what the reason might be for such a suit, so the question cannot really be answered. However, I will assume, rightly or wrongly, that you have experienced a service-related problem. You would need to have a lawyer review your contract with the phone company. Most telephone companies have limitation of liability or "exculpatory" language in the contracts, which protects them from being sued in the event of problems with service, etc. Typically, in a business setting, these limiting contracts are given effect. Consequently, I would be surprised if you could maintain a successful suit against a telephone company for a service-related problem. Furthermore, it is always difficult, although not impossible, to prove a loss of business. If you have a track record and can show a decline over a specific period, the damages are provable. If there is a new business or records are insufficient to establish a track record, proof of these kinds of damages are very difficult.

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