Managers and the Legal Environment 7th Edition by David Madsen, Constance Bagley

Exercise 12

Plaintiffs Monica Allen and Shantese Thomas were injured by lead paint while living at a property owned by Hard Assets, LLC. The plaintiffs sued Jay Dackman, a member of the LLC at the time it owned the property, alleging he was liable for their injuries. Dackman has had limited involvement with the property. He has never visited the property, and neither he nor the LLC was aware that the plaintiffs were occupying the property until after the LLC had acquired it. Once they realized this fact, they took legal action to have the plaintiffs removed. The applicable housing code imposes liability on any individual who "owns, holds, or controls" the title to the property. Is Dackman liable for the plaintiffs' injuries? What are the policy arguments in favor of both parties? [Allen v. Dackman, 991 A.2d 1216 (Md. 2010).]