Our Practices

Dedicated to serving the legal needs of municipalities, franchised businesses, employers, and public utilities.  

Franchisor Vicarious Liability

Franchisors are often targeted in lawsuits when an individual experiences harm or wrongdoing in connection with a franchisee’s business. Our attorneys have considerable experience in defending franchisors against claims of vicarious liability and joint employer liability. We also have the ability to oversee insurance-retained defense counsel in defense of franchisors.

Unfortunately, it is impossible to eliminate legal risk completely, but there are ways to mitigate vicarious liability exposure – starting with the structure of the franchise system, including the franchise agreement. Among other things, it is important that the franchise agreement not assert unnecessary control over a franchisee. Our franchise attorneys regularly draft franchise agreements that have safeguards in place to protect against vicarious liability and joint employer claims. We can also review any operations manuals for language that could potentially be used against the franchisor in a vicarious liability or joint employer claim.

The laws regarding vicarious liability of franchisors can be complex and vary from state to state. Our experienced franchise attorneys can help you determine your rights and obligations under a franchise agreement or help you in drafting a franchise agreement.

Is your business ready to franchise or expand?

Whether you are exploring franchising for the first time or operating a well-developed franchise system, our franchise attorneys can answer your questions and advise you on the best course of action.

Request a Franchising Consultation
 

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At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.