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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I am forming an LLC in Oregon with four other people. If one

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I am forming an LLC in Oregon with four other people. If one of those people, while working for our LLC, were to drive a client anywhere and had a car crash - whether intoxicated or not - can I be sued?

Thank you for your question. Please permit me to assist you with your concerns.

That is a very good question. Generally speaking the company itself, that is the LLC, would be liable. You personally would generally NOT be liable unless other factors can be shown that you knew, or you should have known that the other person was an unsafe or a drunk driver. In other words if they could show that you were aware that he drove drunk in the past, or had a DUI that you were aware of, then you could be liable through 'negligence' and failure to ensure that the people working for the LLC were safe and professional in their operation.

Good luck.

Customer: replied 3 years ago.

Would being a non-voting member with an option to buy at a later date give me more protection now?


Thank you for your follow-up. Yes, it would. The further you are from actual decision making and control, the less liable you can be made to be. A "general' partner or shareholder who can make decisions has higher liability by far than a 'limited' partner who is a de-facto investor with no or very limited managerial authority or oversight.

Good luck.

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