What, Me Worry? Tort Liability Risks for Participants in LLCs

Dore, Matthew G.

Abstract

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What, Me Worry? Tort Liability Risks for Participants in LLCs

Matthew G. Dore

Drake University Law School

August 13, 2010

U.C. Davis Businesss Law Journal, Vol. 11, pp. 267-324
Drake University Law School Research Paper No. 11-10

Abstract:
State legislatures gave scant consideration to tort victims’ rights when authorizing the LLC as a new business option. Nonetheless, resulting LLC laws left untouched agency law principles that preserve personal tort liability claims against individual LLC participants. This Article explains why this residual tort liability path, and related defensive doctrines, offer the best hope for a principled accommodation of expanded limited liability business options and the interests of third party tort victims.

Number of Pages in PDF File: 51

Keywords: agency, limited liability companies, torts

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Date posted: August 15, 2010 ; Last revised: October 26, 2011

Suggested Citation

Dore, Matthew G., What, Me Worry? Tort Liability Risks for Participants in LLCs (August 13, 2010). U.C. Davis Businesss Law Journal, Vol. 11, pp. 267-324; Drake University Law School Research Paper No. 11-10. Available at SSRN: http://ssrn.com/abstract=1658613

Contact Information

Matthew G. Dore (Contact Author)

Drake University Law School ( email )

27th & Carpenter Sts.
Des Moines, IA 50311
United States
515-271-4136 (Phone)
515-271-2530 (Fax)