8. Interference with Family

Question 1

Who can bring action for loss of consortium and service due to plaintiff’s injuries/death?

Answer 1

Spouse for Spouse

Parent for Child
- NOT Child for Parent

Question 2

What type of cases does interference with family apply to?

Answer 2

Negligence

Intentional torts

Question 3

What defences apply to interference with family?

Answer 3

1) Spouse 1/Parent sues for injuries to Spouse 2/Child (derivative action)
2) Spouse 1/Parent’s own contributory negligence may reduce/bar Spouse 1/Parent’s recovery