Can an LLC member or manager be personally liable for their own torts committed while acting in their role, despite LLC protections?

• A. Yes, an agent can be personally liable for their own torts
• B. No, LLC protections always shield such liability
• C. Yes, but only if the conduct was outside the scope of management
• D. No, unless the member is also an officer

Answer: (C)

The protections for an LLC’s members and managers do not automatically shield them from liability for their own torts. What matters is whether the tort was committed within the scope of their role in the LLC. If a member or manager acts within the scope of their official duties and commits a tort, the LLC as a separate entity can be liable for the wrongful act, and the individual’s personal liability is not the default remedy—though personal fault can still expose them in some circumstances. Personal liability arises when the tort is outside the scope of their management authority or duties; in that case, the member or manager can be liable to third parties on a personal basis.

So, the idea is that a member or manager can face personal liability for their own torts, but only when those torts fall outside the scope of their official management role. If the conduct is within that scope, the tort is typically tied to the LLC rather than the individual personally.