Legal Definitions - action for the loss of services

An action for the loss of services is a type of lawsuit brought by one person to seek financial compensation for the deprivation of support, companionship, or contributions they previously received from another individual. This loss typically occurs when the other individual is injured or dies due to the wrongful actions or negligence of a third party.

The "services" in question are not limited to paid work; they encompass a broad range of contributions, including domestic help, emotional support, companionship, parental guidance, spousal intimacy, and other forms of care and assistance that contribute to the plaintiff's well-being and quality of life.

• Example 1: Spousal Injury

  Imagine a scenario where Maria's husband, David, is severely injured in a construction accident caused by the negligence of a subcontractor. David's injuries are so debilitating that he can no longer perform household chores, assist with childcare, provide emotional support, or engage in shared recreational activities as he did before. Maria could file an action for the loss of services against the negligent subcontractor. Her lawsuit would seek compensation not for David's medical bills or lost income (which David would claim in his own personal injury suit), but for the tangible and intangible contributions she has lost from David, such as his help around the house, his companionship, and his emotional support.

• Example 2: Parental Wrongful Death

  Consider a situation where a single mother, Sarah, is tragically killed in a car accident caused by a drunk driver. Sarah's two young children, aged 8 and 12, are left without her care, guidance, and support. While the children might receive compensation for their mother's lost financial support through a wrongful death claim, they could also pursue an action for the loss of services. This specific claim would focus on the irreplaceable loss of their mother's nurturing, parental guidance, emotional comfort, and the daily care she provided, which are all considered valuable "services" in a legal context.

• Example 3: Adult Child's Injury Affecting Elderly Parent

  Suppose an elderly widower, Mr. Henderson, relies heavily on his adult daughter, Emily, for assistance with daily tasks like grocery shopping, transportation to appointments, and managing his finances. Emily is seriously injured in a slip-and-fall accident at a negligently maintained store, rendering her unable to provide these crucial services for her father. Mr. Henderson could initiate an action for the loss of services against the store owner. His claim would seek damages for the value of the practical assistance and care Emily can no longer provide, forcing him to seek and pay for alternative help or suffer hardship.