Prominence is Key: Is Your Limitation of Liability Clause Enforceable in Georgia?

Taylor English represents a number of Staffing companies that contract with entities across the nation in a variety of industries. These contracts can often represent big dollars to the firm providing the staffing services, but like any business relationship, they can also generate quite a bit of risk. As a result, one provision garnering increasing use in these arrangements is the limitation of liability clause. When used properly, these clauses can be an excellent way for your business to minimize risk and create predictability where uncertainty traditionally reigns: a lawsuit.

A question every company–staffing or otherwise–needs to  be asking itself is this: Am I using or signing onto a limitation of liability clause? If the answer is yes, you and your company need to determine its enforceability. Much to the chagrin of companies working on a national scale, the enforceability of these clauses vary from state to state and if you’re not careful, your efforts to create predictability can be thrown into chaos if a limitation of liability clause is found to be unenforceable.

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