Business & Tort Litigation

Whether your business files a business tort claim against another entity or is subject to tort litigation, it’s important to seek the legal help of a qualified Florida construction law firm. When you contact Warner, Sechrest & Butts, P.A., you’ll speak with a board-certified Gainesville construction lawyer who deeply understands the industry. Our firm has assisted many businesses of all sizes with defense and litigation against all types of business torts.

Types of Business Tort Claims

A business tort is a wrongful act committed against a business or commercial entity. The act is usually intentional, but cases of negligence and recklessness can also apply. Civil courts generally address business torts, but some may be criminal offenses. The construction lawyers in Gainesville at Warner, Sechrest & Butts, P.A. have the skills and experience necessary to handle all types of business torts, including these common six:

Fraudulent Misrepresentation

Good faith is required by both parties entering an agreement, regardless of whether it is a written contract or handshake. Misrepresenting any aspect of the deal — intention, material, or position — can raise a tort claim if the other party suffers financial harm.

Restraint of Trade

Restraint of trade refers to instances when an act may cause a broad impediment for an entity to conduct regular business in the future. Common law doctrine guides restraint of trade, which isn’t a specific tort. Some types of restraint of trade, such as non-compete clauses, are considered reasonable and allowed.

Theft of Trade Secrets

A business may be harmed by the theft of proprietary information and materials. These thefts occur when a party in the same industry aims to gain a competitive advantage in an unfair manner. Trade secrets are usually considered information that isn’t public knowledge that a company reasonably withholds because it has economic value. A trade secret can be a method, process, or strategy that may or may not be industry-specific.

Tortious Interference

Tortious interference occurs when one party intentionally causes economic harm to another party by interfering with the other’s business contracts and/or relationships. Intentional breach of contract is the most common form of tortious interference. Means of interference may include blackmail, force, inducement, and/or inappropriate or unethical practices.

Commercial Disparagement

Commercial disparagement covers broad but derogatory statements made about an entity for the sole purpose of discouraging others from conducting business with the entity. Though commercial disparagement is a type of defamation, it applies to businesses only.

Trade Libel

Trade libel occurs when defamatory statements are made about the quality of products and services of a business. They must be false statements of fact (not opinion), and the business must be able to prove it suffered economic loss due to the statements in question.

Remedy For Business Torts

A business can seek remedy for a tort through monetary damages and/or an injunction. A construction attorney at Warner, Sechrest & Butts, P.A. can assist you in recovering losses and seek an effective remedy to the situation.

Monetary Damages

Monetary damages may be awarded to reimburse the harmed party for losses the tortious conduct may have caused. But the damages must be calculated with reasonable certainty, meaning the financial losses must translate to a specific amount. If tortious conduct causes a business to lose customers, the business would need to detail how much income or revenue would be lost without these customers.


Injunctions are commonly used to force an end to the tortious conduct and are issued by a court. An example of an injunction is required removal of false advertising and published statements about an entity.

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Florida Construction Law Firm

In addition to contract-based litigation, our construction attorneys in Gainesville, FL, have significant experience with large business and individual tort litigation, including:

  • Professional malpractice,
  • Deceptive and unfair trade practices,
  • Wrongful death claims,
  • Negligence, and
  • Toxic tort litigation.

We understand the laws and nuances that direct corporations, limited liability companies, and large, public and closely held corporations. Our litigation department is equipped to take on large institutional corporations and global insurers. If you would like to discuss a potential claim, or if you need defense against a business loss or claim, call the board-certified construction law experts at Warner, Sechrest & Butts, P.A.