QUESTION

lawsuit

Asked on Sep 24th, 2021 on Litigation - Louisiana
More details to this question:
Will I be sued over this? I own a video business and my hard drive crashed. I contacted a drive save company and they told me it could not be restored. Client wants proof that I cannot provide. I am offering full refund. Can she sue me and request in court for documents I do not have? Also, does my LLC protect me?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Anybody can sue anybody for anything, but given that you (presumably not YOU but your LLC) are offering a full refund already, and assuming that this customer did not suffer any additiional damages beyond what the LLC is offering to refund, there seems to be little pont to rthe suit.  She can ask for whatever documents she wants, but if the llc doesn't have them, it doesn't have them (although you coudl be sanctioned if the court believes that you destroyed relevant records deliberately, but again, since you are offering a full refund, why would you do that?)  Assuming that you operated your LLC correctly (e.g. not commingling funds with your personal funds, etc.), you would not be personally liable for its obligations.
Answered on Sep 24th, 2021 at 9:23 AM

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