Legal Question in Personal Injury in California

Hypothetically: Anne hears of a helicopter tour through an LLC that is advertising for the helicopter company and receiving a referral fee for all new customers. During her ride, there is a serious accident and Anne is seriously injured. Can she sue the LLC that advertised for the helicopter company? Could members of the LLC be held personally liable if their names are attached to any bank accounts that run the LLC?


Asked on 5/26/11, 2:41 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If the two are separate companies then the LLC has no liability as it is not a cause of the accident and her injuries. A newspaper running an ad for the helicopter company likewise would not be liable.

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Answered on 5/26/11, 2:46 pm

You are asking a classic bar exam or law school question: one that cannot be correctly answered without more information. Most likely the LLC cannot be held liable but that is not a certainty without more information. The key issue that comes to mind is whether this was a disclosed agency. Mere agents are not generally liable to parties who contract with their principal, even if the agent's name is used, provided the agency is disclosed. If the LLC led Anne to believe it was the helicopter company, however, until after the accident, then it could possibly be held liable. As for the bank account, you do not define "attached." Do you mean they are signatories on the account. That alone doesn't matter at all. What really matters is whether they used the account as if it were a personal account, disregarding the business form of the LLC and treating it like a proprietorship or general partnership.

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Answered on 5/26/11, 3:00 pm


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