Commentary: Small Business Problems

'Out of Step' legal environment needs work

Bluefield Daily Telegraph, April 4, 2005

There is significant evidence that West Virginia 's families are being hurt by the state's lawsuit environment, and there is similar evidence about the negative impacts this is having on our state's thousands of small businesses.

Small business owners are being subject to a crisis of availability and affordability for property and casualty insurance protection, and, in some instances, these employers are seeing their policies cancelled outright. Too many small businesses are one lawsuit away from being driven out of business. And, the way our small businesses go, so goes employment in our state. Nearly 90 percent of West Virginia 's businesses are small businesses.

The West Virginia Chamber, local chambers and representatives of a cross-section of businesses, including manufacturing, insurance, coal mining, automobile dealers, retail establishments, etc., have been working over the past months to provide government leaders and legislators with information about the negative affects that the state's "out of step" civil justice laws are having on small businesses.

These negative affects include:

As employers determine that the risks and costs of actual and potential liability litigation are greater in West Virginia than in other states, they are deciding that doing business in West Virginia is not worth the costs, lawsuits and hassles that result. And this situation is having a particularly egregious impact on the ongoing competitiveness of our state's small business community.

Now is the time for the Legislature to resolve the state's lawsuit problems.

West Virginia must go as far and as fast as it can in order to make our state "open for business." It is past time to help our small businesses and to preserve jobs.

- Steve Roberts, President
West Virginia Chamber of Commerce