QUESTION

Should I be an LLC and have liability insurance.

Asked on Dec 03rd, 2013 on Business Law - Texas
More details to this question:
I'm starting a business tutoring senior citizens basic computer usage and purchasing equipment in their homes. I will be the only employee, should I form an LLC and do I need liability insurance?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The question is really more a business issue than a legal one.  Both forming an llc and buying liability insurance could insulate you from personal liability, but will cost money.  The question is whether the money you spend is worth it (the answer could be different for each option).  This obviously depends on how much it costs you to form and maintain an llc, and to purchase and maintain liability insurance.  Other factors you should be concerned with are what is the probability of any liability arising out of the performance of your services.  Without knowing very much about your business, it's hard for me to assess the potential for liability (the largest risk it seems to me is that you will have a car accident in the course of operating your business, but that risk could be covered by automobile insurance, no need fora special policy), but it doesn't seem very high to me.  You also have to assess what you have to lose.  What assets do you have outside of your business which could be at risk?  Also, you need to think of your own appetite for risk.  If you are uncomfortable taking any risk at all, however small, of losing what you have due to a business-related obligation, you should form the llc and take out insurance. Another way to protect yourself from liability is to include a limitation of liability clause in the form contract you have with your customers, something along the lines of limiting the customers' recovery for any negligence or breach of contract on your part to a refund of the amount they have paid you for your services.  Such clauses may not always be enforceable under all circumstances, but it costs you nothing to include such a clause in the contract.
Answered on Dec 03rd, 2013 at 11:05 AM

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