Tracy Allen rented a home in which she had been residing since the summer of 1998. The landlord-owner of the

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 foreclosure. 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 filed a suit against one of the members of the LLC for violations of the city’s housing code and negligence.

Required:
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?

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