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Legal Definitions - parental-immunity doctrine

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Definition of parental-immunity doctrine

The parental-immunity doctrine is a legal principle that states that children cannot sue their parents, and parents cannot sue their children, for tort claims. This means that if a child is injured due to the negligence of their parent, 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 negligent driving, they cannot sue their parent for damages. Similarly, if a parent is injured by their child's reckless behavior, they cannot sue their child 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. Additionally, the immunity does not apply when an injury is inflicted by the parent or child through willful, wanton, or criminal conduct.

Overall, the parental-immunity doctrine provides a complete defense to a tort action between parents and children.

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Simple Definition

The parental-immunity doctrine is a rule that says children cannot sue their parents, and parents cannot sue their children, for accidents or injuries. This rule was created by American courts and means that parents are not responsible for damages caused by their child's ordinary negligence. However, this immunity does not apply if the injury was caused by willful or criminal behavior. Some courts have abolished this doctrine for certain purposes, such as when a minor child is injured in a car accident.

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