Family members and charities Flashcards
Meaning of Immunity
The term immunity from suit means that the defendant cannot properly be sued at all.This is often granted to family members and charities.
Retained immunities for spouses
Almost all courts have abolished the common law rule but many retain immunity or limited duty for injuries not caused by a motor vehicle accident.
Common law immunity for parents & children and siblings
Parents were immune to suits by their children but there was no immunity between siblings.
Exceptions to parental immunity
Children (also spouses) can sue to protect property
Parental immunity disappears when a child reaches the age of majority or is emancipated, in some states also when the parent dies
Parental and spousal immunity is not recognized for intentional torts
where parental authority, discipline or supervision does not apply
When does parental immunity apply
Within the scope of parental supervisory authority over a child. In some states, this idea is questioned this, and held that parents could be liable under the reasonable person standard.
Can a parent’s fault effect a claim against a child?
A child can’t name a parent as a 3rd party defendant, apportion fault, or gain contribution based on negligent supervision.
But a parent’s own liability may result in apportionment of fault and of damages.
Are foster parents immune?
Some courts say no when they violate regulations, are neglectful, or commute criminal acts.
Other courts have held that people who assume the obligations or perform the duties of a parent are immune from liability.
Does the quality of the parent/child relationship effect immunity?
No, even if the parent spends little time w/ the child
Traditional immunity for charities
Charities were not liable, this was extended to all non-profits
Exception to charity immunities
(1) immunity applied only to funds held for charitable purpose, so charities were liable where they had liability insurance
no immunity for “administrative negligence
no immunity in a suit by a paying client
immunity not available for collateral activities, especially where fees were charged
no immunity where a claim was based on an intentional tort or recklessness.
Abolition of charitable immunity
The restatement 2nd states there is no charitable immunity. Most states have abolished this by statute or court decision. Some states retain immunity or address it case-by-case.
