Tracy Allen rented a home in which she had been residing since the summer of 199

Question

Tracy Allen rented a home in which she had been residing since the summer of 1998. The landlord owner of the house later failed to pay taxes on the property, and on March 16, 2000 Hard Assets LLC acquired the property from the owner in lieu of fore closure. When Hard Assets obtained title, it did not intend to lease the property, nor were its members aware that Allen was living at the property. Once Hard Assets became aware that Allen was residing at the property Hard Assets advised her and her family that they were not supposed to be there and that they had 30 days to vacate the premises. After 30 days, Allen had not vacated the property. While residing at the property, the children living with Allen suffered elevated blood-lead levels and were allegedly injured from lead paint exposure. As a result, the children's mother fi led a suit against one of the members of the LLC for violations of the city's housing code and negligence Should the member of the LLC be held personally liable for the alleged injuries of the children who lived at Allen's home? Why or why not?[ Allen v. Dackman, 964 A.2d 210 (2009)]

Explanation / Answer

Respondent could be held individually liable for the lead paint-related injuries suffered by the Petitioners because the trier of fact could find that the Respondent was an “owner” of the property, as the City Housing Code defined the term, and could find that he personally committed, inspired, or participated in the alleged tort. First, because Respondent solely managed the day-to-day affairs of Hard Assets, a reasonable jury could find that he affected the title to the property in question. Second, as to Respondent’s actions with respect to the property in question, a reasonable jury could find that he participated in the tort of negligence.

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