As a small business owner, I have been sued twice for bs patent infringement cases by unethical lawyers and their unethical clients. Each incident occurred in a separate business in two very different industries. Both times I prevailed in court. Both cases where an enormous distraction for me and the hardworking people that work for me and cost $500k per case.
Anyone who says some form of loser pays isn't fair to the little guy or won't work, is either misinformed, a lawyer benefitting from the system or a politician financed by someone who benefits from the system.
I have also never sued anyone. Maybe that's my problem.