According to an article by Stone & Sallus LLP titled What is Commercial Litigation? Commercial Litigation Explained, it was stated that “a commercial litigation attorney is specifically educated, trained and experienced in litigation aimed at businesses and business-related litigation.”
In simple terms, a commercial litigation attorney is a lawyer who assists businesses and companies in problems related to legal matters. They help businesses understand how to do their businesses according to laid down commercial laws and help them administer everything related to commercial law.
Commercial litigation attorneys do not oversee a company’s contract and financial legal battle alone. They also assist whenever there is a lawsuit spanning other interests in law or when other people sue them.
Just like litigation animation cannot be used in every litigation case, a commercial litigation attorney does not need litigation animation in all of his cases. However, there are some commercial litigation cases where the use of litigation animation cannot be avoided.
Commercial Litigation Cases and Litigation Animation
A company is seen as a person that can sue and be sued before the law. It is referred to as an artificial person. Every company and business needs to employ the services of commercial litigation lawyers to sue on their behalf and handle the defense when they are sued. Here are some of the commercial litigation cases where litigation animation can be used:
- Products liability cases
A company can sue and be sued for products liability. According to an article by Cornell Law School titled Products Liability, product liability was defined as “the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.” A company may be sued for producing defective products which have caused harm to the consumer. If such a claim is inaccurate and wrong use by the customer majorly caused the harm, litigation animation will assist in proving this to the court.
Similarly, a company can be at the receiving end of harm caused by defective products. For instance, if a piece of defective machinery used in a company led to accidents or defective services to customers, which in turn affected the profit of the company, litigation animation would be appropriate in portraying the incident to the jury. The hidden parts of the machinery would be shown with the defect and the resultant harm.
- Patent infringement cases
People have the right to exclusive ownership and transfer their patents to other people. Since companies are artificial persons, they also have exclusive rights to their patents.
According to the World Intellectual Property Organization, “a patent is an exclusive right granted for an invention, which is a product or a process that provides in general, a new way of doing something, or offers a technical solution to a problem.” Patent infringement cases are mostly technical. This is because it involves a mixture of mastery, invention, and genius all into one bubble. An average jury member would find it extremely difficult to understand the case without litigation animation.
According to an article by the Municipal Research and Services Center, nuisance was defined as “an unreasonable or unlawful use of property that results in material annoyance, inconvenience, discomfort, or injury to another person or the public.” A company may be facing unreasonable interference from another person or company, which may cause harm to them. In cases like this, a lawsuit can be put in motion.
Nuisance can be proven using science, and what better way to present it than litigation animation? Therefore, where forensics can answer the cause of the nuisance, litigation animation can be used to portray the incident to the court.
For instance, if a company produces harmful fumes that affect another company’s products, the company affected can sue under nuisance and show the harm caused using litigation animation.
According to an article by Cornell Law School, negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” A company has the legal right to sue a person or a company for negligence. For instance, if a construction company constructs poor facilities for another company which leads to injury and loss to the other company, litigation animation can be used to prove such negligence.