Programming malpractice, negligence, breach of contract, and fraud can cause a business significant damages to a business. With the common practice of outsourcing many critical functions and services to programming companies, accounting firms, consulting firms, and other technology companies, many businesses have become vulnerable to negligent programming, design malpractice, and faulty computer networking. When computer systems go down including accounting systems, backup systems, payment systems, networks, or security system, millions of dollars can be lost and business services can brought to a stand still. The aftermath of these system failures or network crashes have aspects of many different types of legal claims including negligence (programming malpractice), breach of contract, fraud, deceptive trade practices, and misrepresentation.
If your business has been seriously damaged by a computer problem resulting from negligent programming, poor network design, or failure to set up adequate computer network security or adequate back ups, it is important to seek the help of computer specialists to examine and fix your problems. If it is determined that the problem was the result of negligent programming, negligent design, malicious design, or malicious programming, it is important to hire a computer lawyer that can assist you seek compensation. Texas Programming Malpractice Lawyer, Jason Coomer, assists businesses in seeking damages from computer programming negligence and network design malpractice. He reviews business network malpractice claims and computer programming malpractice claims to determine if your business has legal recourse through Texas law to seek compensation. For a free initial evaluation of your potential negligent programming or negligent networking claim by Austin Texas Programming Malpractice Lawyer, Jason Coomer, please contact The Law Offices of Jason S. Coomer or our contact form. Please include your name, your business, the date of the negligence occurred, location where the negligence was committed, damages suffered, who committed the malpractice, and a brief description of the malpractice.
Programming Malpractice Claims (Negligent Programmers)
Networking and Programming Malpractice Claims occur when a professional computer programmer fails to act as a reasonably prudent programmer would in designing a computer program or network system. The deviation from normal programming practices will need to be proven through other programmers that testify that the negligent programmer failed to follow reasonable standard programming practices in the development and/or writing of software. In failing to take reasonable customary steps in programming a critical system function the negligent programmer has to have breached their duty as a professional programmer and this breach has to have caused damages.
While computer problems and technology glitches are common, programming malpractice claims are not. This is because it can be difficult to prove that a computer glitch or programming problem is more than just a simple mistake or bad judgment, but is actually a deviation from standard programming practices. To win on a programming malpractice claim you have to prove 1) the negligent programmer was a programming professional that had a duty or legal responsibility to exercise reasonable care in providing computer programming or services, 2) the negligent programmer breached this duty by failing to provide programming or design services that a reasonable programmer would provide in this situation, and 3) this breach of duty caused damages. Programming malpractice and networking malpractice claims have to be proven through other competent programmers that are willing to testify that the negligent programmer committed programming malpractice.
Negligent Programming Claims
Negligent programming and networking claims are very similar to malpractice claims in that both types of claims are based on duty, breach of duty, and causation of damages. However, the standard in normal negligence claims is based on the reasonable person standard and the malpractice claims are based on a reasonable programmer standard. The normal negligence claims do not require experts like the programming malpractice claims and are typically easier to prove. When filing a law suit based on a computer network crash, computer glitch, programming mistake, design problem, or programmer error claim, it is common to file both programming malpractice and negligence claims.
Breach of Contract Programming Claims and Network Design Claims
In addition to programming malpractice and negligence claims, most large computer design and networking projects are based on contracts that include safe guards and clauses that protect businesses from computer software, programming, and networks that do not work or are flawed. In determining if a contract has been breach, it is essential to have a copy of the contract and to be able to review the contract. Most computer programming negligence claims also include breach of contract claims. Breach of contract claims and deceptive business practices claims allow the damaged business to seek attorney's fees in addition to compensation for the damages that they have suffered.
Deceptive Trade Practice, Fraud, and Misrepresentation Claims Arising our of Computer Programming and Networking Contracts
In some instances computer programmers or network designers go beyond mere negligence and actually commit fraud or misrepresent what their programming or network will do. These knowing misrepresentations that are sometimes the results of overzealous salespeople or unethical business people trying to make money can result in Deceptive Trade Practice Claims, Fraud Claims, and Misrepresentation Claims. Bringing malicious and deceptive business practice claims are more difficult to prove, but if they are proven they allow a damaged party not only be reimbursed for the damaged caused by the wrongdoer, but also seek punitive damages and attorney's fees.
Bad Programming & Networking Claims
With the World becoming more computerized businesses are becoming more sensitive to computer programming, networking, and design problems. These claims arise when careless or malicious computer professional make mistakes, commit fraud, or misrepresent what their applications, systems and networks will do. Computer and network crashes can cause millions of dollars in damages, business shutdowns, and other serious business problems. Make sure that your business has competent computer and networking professionals to oversee your critical systems.
Texas Bad Programming Lawyer, Jason Coomer, represents companies that have suffered serious damages from bad programming and computer networking. For more information feel free to send an e-mail to email@example.com.