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Legal Definitions - interspousal tort immunity

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Definition of interspousal tort immunity

Interspousal tort immunity is a legal doctrine that provides immunity to one spouse from being sued by the other spouse for personal injury. This means that if one spouse injures the other, the injured spouse cannot sue the other for damages. This immunity was abolished in most states by judicial opinion or statute.

For example, if a husband accidentally injures his wife while they are playing a sport, the wife cannot sue the husband for damages because of interspousal tort immunity.

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Simple Definition

Interspousal tort immunity is a rule that says one spouse cannot sue the other for harm caused by a tort, like negligence or assault. This means that if a husband accidentally injures his wife, she cannot sue him for damages. However, this rule has been abolished in many states because it can prevent victims from seeking justice and can perpetuate domestic violence.

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