Fort Worth Business Torts

When there is no breach of contract


Tort law encompasses many different areas of law, but essentially deals with one party’s misconduct, and another’s injuries or damages. 

You may be familiar with personal injury claims. Business torts are very similar, but instead of an individual, a business claims an injury based on a partner, employee, or other business’ alleged misconduct. Usually, these injuries are financial costs, but they can also include damaged brand reputation, lost clients, or more.

Although business torts are not criminal offenses, those who have been financially damaged can seek monetary compensation for said damages. 

Business torts can take on many different forms, ranging from an employee injury to a case of fraud. These issues can arise in any business structure — large corporations are not the only ones subject to legal issues. Small businesses, non-profits, and other municipal organizations can experience this type of conflict, and may also need professional representation. 

How to Prove Liability

Because torts are not criminal offenses, different proof is needed to make the claim that damages were caused by the action (or negligence) of the defendant. 

A plaintiff’s legal representation must establish these 3 necessary elements: 

  • The Legal Duty: what was the defendants legal responsibility based on their role or relationship with the business.
  • The Breach of Legal Duty: what did the defendant do (or fail to do) that was an obvious breach of their responsibilities. 
  • The Resulting Damages: how did the business suffer as a direct result of the defendant’s actions or negligence, and was the defendant aware these damages could occur based on their actions or negligence?

Common Business Torts

The following list are the most common business tort law claims: 

  • Breach of fiduciary duty
      • One party breaking agreement to act in the best interest of another
  • Tortious interference
      • One party unlawfully interferes with the contract or business relationship of another party
  • Fraudulent conveyance
      • An attempt to avoid debt by transferring money to another person or company
  • Professional misconduct
      • the failure of a licensed professional to meet expected standards of practice
  • Fraud
  • Defamation
      • Slander or libel which damages the reputation of the business
  • Negligent misrepresentation
      • One party makes a false statement they believe is true, but without reasonable ground for belief
  • Conversion (or trespass to chattel)
      • When an individual uses or alters a piece of business property without the business’ consent.
  • Personal injury
  • Right of publicity
      • Also called “personality rights,” this is the right of an individual to control the commercial use of their name, image, or other identifying attributes.
  • Subrogation
      • When insurance carriers pursue a third party that caused an insurance loss to their insured individual or entity
  • Interference with employment relationships
  • Trade secret misappropriation
      • When someone improperly acquires or discloses a trade secret without consent
  • Invasion of privacy
  • Unfair or deceptive trade practices

Business Tort Attorneys in Fort Worth, Texas

The attorneys at Lovelace Law, P.C. seek cost-effective and practical resolutions to these issues outside of court using mediation, negotiation, demand letters, temporary restraining orders and injunctions, and facilitation of regulatory investigations. If a resolution cannot be met without court intervention, we will defend you during the entire litigation process and try to earn you the compensation you deserve.

Mediation. Negotiation. Experienced legal representation.

If you want a seasoned professional to help you best navigate your conflict, Lovelace Law, P.C. has the right attorney for you. The initial consultation is free, and we are happy to answer any questions you may have about business torts. Call us today at 817-953-9656.