Can you hold partnerships or their individual members liable for the negligent acts of one partner? What if one partner is involved in a traffic collision?
Generally, partnerships do not enjoy the same protections as corporations. Partnerships are subject to joint and several liability, which means that any or all partners may be held liable for the negligent acts of one of the partners.
This liability usually attaches when negligence occurs while a partner is engaged in business relating to the partnership. For example, a partner may be driving clients to a seminar when he negligently rear-ends another vehicle. If the partner is driving while intoxicated but is not conducting business for the partnership, there should be no partnership liability. However, if the vehicle is owned by the partnership, and there is a law that imposes liability on the vehicle’s owner, the partnership will be liable.
Sometimes, however, the existence of a partnership may not be readily apparent. Many partnerships are informal, meaning that there is no written agreement between the partners. However, through investigation, it is possible to show the existence of a partnership so that liability may be imposed upon the partnership and/or the individual partners.
When you are involved in a traffic collision, it is important to determine whether the driver of the other vehicle was working for a partnership at the time of the collision, and whether the vehicle was owned by the partnership. You may be able to hold the partnership liable for your injuries.
If you or a loved one has suffered an injustice or an injury, the experienced personal injury legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.