CHAPTER 14

I’ll Be Suing You

“SUE IS ON LINE 1 FOR YOU,” your assistant says dryly, and you pick up the phone.

“Hello, Sue! How can I help you?” you say with a smile. “My name is Alice,” the other person responds tersely. “And I am calling to let you know that I am planning to sue you.”

Before you can say a word in response, she continues: “We purchased a pallet-load of your chairs for the conference room at our clinic, for people attending our educational programs. Since we are a weight-loss facility, many of our clients are morbidly obese. But we had no idea that so many of them would collapse under people when they sat on them.”

“That’s horrible!” you exclaim, and she cuts you off before you can say anything else. “Someone brought a video camera to one of our meetings and caught one of your chairs collapsing under a new client. The video has gone viral on YouTube, and people are ridiculing our business all over the Internet. Now the client is demanding that we cover her medical expenses. This whole incident is ruining our business, and it’s all your fault!”

Now it is finally your turn to speak. What do you say from here? In this chapter, we look at how you can communicate in a way that gives you your very best chance to stay out of the courtroom.

Do Not—Repeat, Do Not—Defend Yourself First

The first thing to consider here is what not to say in response to this caller. Most people’s strongest instinct would lead them to commit a fatal flaw: defending themselves. As we discussed in Chapter 8, self-defense generally only makes angry customers angrier.

Suppose, for example, that you respond with something that is absolutely true in defense of your product. What would be wrong with a statement like this:

“Ma’am, our chairs do have a published weight limit of 280 pounds.”

Here is what would be wrong: It would have exactly the opposite effect that you intend. Let’s translate this statement into what customers hear: “I couldn’t care less that someone was injured on one of our chairs, or that your reputation is suffering as a result. We plan to hide behind every technicality we can, and you will probably have to sue us before you ever get our attention.” If you accomplish anything here, it would probably be to motivate the person to find a lawyer who will propose a hefty financial settlement for the customer’s future loss of business.

This is not to say that you should never defend yourself, just that that should come later in the process, as you negotiate a settlement (or, in the worst case, face off in court). In the meantime, trying to “educate” a customer that she shouldn’t sue is a fool’s errand. Instead, focus on hearing her complaint and positioning yourself as an ally: Empathize with her, ask good questions, and acknowledge her view of what happened, which is not the same as accepting blame.

The thought of a lawsuit is scary for most of us. The mere mention of the word brings up mental images of being in court, spending large amounts of money, and dealing with lawyers. Remember, though, that when someone is threatening to sue you but has not done so yet, it is a sign that she has a strong grievance and is giving you a chance to resolve it. This means that the right language can keep you both in dialogue and help move both of you toward a solution.

Explore Solutions

Another painless thing you can do at this stage without admitting liability is to explore what might resolve the situation, as outlined in Chapter 8. There may also be gestures you can offer, without admitting fault, that could build trust and goodwill with the customer. For example:

The client may ultimately make a proposal: perhaps compensation for the client’s medical injuries, or replacement chairs that are stronger. This becomes a starting point for negotiation, which in all likelihood will extend beyond the bounds of this phone call. Legal advice may be appropriate at this stage, since offering a settlement involves the possibility of admitting liability or setting precedents, but your ultimate goal is to create a win-win solution for both parties.

Frame the Benefits

In Chapter 7, we discussed framing solutions in ways that sound palatable to the customer. Once you have a resolution you would be comfortable offering, you have two objectives in framing it: (1) entice the customer to want your solution, and (2) make it much more attractive than the prospect of suing you—a path that might yield a greater reward for the customer, but at the risk of paying lawyers, spending time in court, and possibly losing the case. Here is an example of what you might say:

This statement achieves several important objectives. It acknowledges what has happened to the customer, describes your defense in a factual and neutral way, and sells the benefits of the solution versus entering into litigation. Notice also a subtle but important phrase: “We respect your decision.” This reaffirms the customer’s control over her decision. Ironically, she will probably be more likely to accept your resolution if she feels it is not being dictated to her in a take-it-or-leave-it fashion.