Also known as: spousal tort immunities · interspousal tort immunity · interspousal immunity · spousal immunity
Written by attorneys · grounded in primary & secondary sources — see below
A common law doctrine that bars one spouse from maintaining a tort action against the other.
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Samuel Soto drives a rented car while vacationing with his wife Sylvia Santos. An accident occurs due to his negligent driving, injuring Sylvia. She files a tort suit against him in state court. Because the jurisdiction has abrogated spousal tort immunity, the action proceeds and Sylvia may recover damages.
Stephen Shaw is injured while operating a tractor on property owned separately by his wife Selena Singh. He sues her for negligent maintenance. The court permits the suit because the state has eliminated the common-law bar on interspousal tort claims, allowing recovery despite the marital relationship.
Solomon Silver assaults his wife Stella Shapiro during a domestic dispute. She brings an intentional tort claim against him. The jurisdiction has abolished spousal tort immunity for intentional wrongs, so the suit is not dismissed and Stella may pursue compensatory and punitive damages.
Courts cited preservation of marital harmony and prevention of collusive or fraudulent claims against liability insurers. These concerns prompted many insurers to insert family or household exclusions in policies.
A minority of states continue to enforce spousal tort immunity, at least for negligence claims, to protect family privacy and avoid insurance fraud. The majority have abrogated it by statute or court decision.
Many courts that have abolished the doctrine have done so first for intentional torts, reasoning that the policy against collusion is weaker when the conduct is willful. Some states retain a limited immunity for negligence.
…that the plaintiff lacked capacity to bring a personal injury action against her husband, the defendants relied upon Texas interspousal immunity laws. However, such laws do not exist in Oklahoma. In point of fact, this Court has on numerous occasions held that a party may maintain a tort action against his or her…