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LSDefine

Simple English definitions for legal terms

parental immunity

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A quick definition of parental immunity:

Parental immunity is a rule that says children cannot sue their parents, and parents cannot sue their children, for accidents or injuries that happen at home. This rule was created by American courts a long time ago, but some courts have changed it so that children can sue their parents in certain situations. For example, if a parent hurts their child on purpose, the child can still sue them.

A more thorough explanation:

Parental immunity is a legal principle that says children cannot sue their parents, and parents cannot sue their children, for tort claims. This means that if a child is injured by their parent's negligence, they cannot sue their parent for damages. Similarly, if a parent is injured by their child's actions, they cannot sue their child for damages.

For example, if a child is injured in a car accident caused by their parent's reckless driving, they cannot sue their parent for damages. However, many courts have abolished this doctrine for some purposes, such as actions by unemancipated minors against parents to recover for injuries sustained in motor-vehicle accidents.

Parental immunity also applies to parents who are not liable for damages caused by the ordinary negligence of their minor child. For instance, if a child accidentally breaks a neighbor's window while playing, the neighbor cannot sue the child's parents for damages.

It's important to note that parental immunity does not apply when an injury is inflicted by the parent or child through willful, wanton, or criminal conduct. For example, if a parent physically abuses their child, the child can sue the parent for damages.

parent-alienation syndrome | parental-immunity doctrine

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