Thursday, October 27, 2005

Legal Fact of the Day

Topic: Tort Law
Cause of Action: Loss of Consortium (Negligence/Wrongful Death)

Loss of Consortium is the loss of companionship, sexual relations, and other services.
A spouse may bring this action against the tortfeasor who has caused his or her spouse to be disabled or killed due to their own acts of negligence ( I believe it may exist for intentional acts as well).

Historical Fact:
Originally only a husband could sue for loss of consortium when his wife was tortiously injured. The reason for this was that the wife was viewed as a mere possession of the husband. The case was similar to an action for property damages.
Today, there is no such rule. A wife or husband may bring an action for the loss of their spouse.

1 comment:

Renegade Eye said...

I'm speechless.