QUESTION
Can a customer sue owner of a business that is an LLC and go after owner’s personal properly or only insurance?
Asked on Mar 20th, 2013 on Personal Injury - California
More details to this question:
Customer got on top of bar. Was told to get off. Friend wanted to join and pulled customer off bar and injured knee
13 ANSWERS
Generally speaking, you can sue the LLC only unless the owner of the LLC did not follow the corporate formalities. But, if the owner did something personally to you, you can probably sue him individually without the LLC protecting him.
Answered on Apr 04th, 2013 at 9:51 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Doesn't sound promising. If the customer wasn't supposed to be on the bar in the first place and then was told to get off the bar, and then a friend (in defiance of the order to get off the bar) pulled the customer off the bar, it sounds like a complete lack of negligence on the part of the owner. I don't see how you can sell that to a jury. If you filed suit, you more than likely would lose the case when the defendant owner files a motion for summary judgment.
Answered on Mar 21st, 2013 at 3:06 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In order to be successful in a liability claim against a business, the plaintiff will need to show that the business was negligent and such negligence proximately caused injury to the plaintiff. If the business has liability insurance, it will cover any such claim and pay any settlement/judgment up to the policy limits. If the business is uninsured, or perhaps even underinsured, then it is possible to go after the single assets (not joint) of the business owner. In the garden variety case, the personal assets of the business owner usually don't come in to play.
Answered on Mar 21st, 2013 at 1:13 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The LL in LLC stands for limited liability and you're limited to the assets of the corporation, plus whatever insurance covers.
Answered on Mar 21st, 2013 at 1:12 PM
Christian Joseph Menard
The customer can always sue anyone they want if they have the filling fee. The question is whether it would be a successful suit. Since the owner of the bar us an LLC, that entity would be the proper defendant, not you personally. It sounds as if the liable defendant is the friend who pulled him causing his fall. If there is a lawsuit and the friend is not a named defendant, you would want to file a cross complaint against the friend.
Answered on Mar 21st, 2013 at 1:11 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The customer can only go after the owner if the owner actively participated in the act which caused the damage or injury.
Answered on Mar 21st, 2013 at 1:10 PM
You may be able to sue under the dram shop statute if the patron who pulled you off the bar was drunk.
Answered on Mar 21st, 2013 at 1:09 PM
Generally, the owner of an LLC cannot be held personally liable for the debts of the company. However, there are some circumstances where a court can "pierce the corporate veil" of the company and find that the owner should be held personally liable for the company's debts. There are several different ways in which the corporate veil can be pierced so it is advisable that business owners understand what they can do to protect themselves.
Answered on Mar 21st, 2013 at 1:08 PM
Lisa Hurtado McDonnell
Well to sue the owner personally you have to show that her business is not complying with incorporation requirements. The burden is on you to prove that. You will also have to show that you and your friend did not cause your injury and that the business owner was negligent.
Answered on Mar 21st, 2013 at 1:07 PM
Intellectual Property Attorney serving Long Beach, NY
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Rosenbaum & Segall, P.C.
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In Pennsylvania, an LLC properly created and in good standing is a shield from personal liability that might otherwise attach to a sole proprietor. Typically, the LLC secures insurance to cover this type of incident.
Answered on Mar 21st, 2013 at 1:07 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You probably cannot sue he owner personally. This is one of the purposes of the LLC form of business. I may be missing something, but from your description of the accident, it is hard to see how the establishment is liable. It would seem that if anyone is liable, it is your friend.
Answered on Mar 21st, 2013 at 1:06 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can sue whomever you want, but, and this is a big but, it sounds like customer and friend are more at fault than bar.
Answered on Mar 21st, 2013 at 1:06 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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The purpose of an LLC or corporation is to shield one?s self from liability. Unless the owner acted specifically as part of the incident itself, there is no basis to sue the owner or to try and get to his or her assets. If the bar was negligent, including one of its employees, the bar can be held liable. Suit is brought against the bar, not the insurance company. If the bar was insured, the carrier will defend the case on behalf of the bar and will pay the damages, if any, so long as it is a covered claim under the insurance policy.
Answered on Mar 21st, 2013 at 9:14 AM