Legal Definitions - interspousal tort immunity

Interspousal tort immunity is a legal principle that historically prevented one spouse from suing the other spouse for civil wrongs (known as "torts") committed during their marriage. A tort is an act or omission that causes harm or injury to another person, leading to civil liability. This immunity meant that even if one spouse caused injury, damage, or other harm to the other through negligence or an intentional act, the injured spouse could not pursue a lawsuit against their partner in civil court.

The doctrine was rooted in the traditional legal concept that a husband and wife were considered a single legal entity, and allowing lawsuits between them was thought to disrupt marital harmony and the sanctity of marriage. However, most jurisdictions in modern law have either completely abolished or significantly limited interspousal tort immunity, recognizing that spouses should have the same legal rights as unrelated individuals to seek compensation for harm.

• Example 1: Negligent Car Accident

  Imagine a scenario where Sarah is a passenger in a car driven by her husband, Mark. Due to Mark's negligent driving—perhaps he was distracted and ran a stop sign—they are involved in an accident, and Sarah suffers a broken arm and other injuries. Historically, under interspousal tort immunity, Sarah would have been legally barred from suing Mark to recover damages for her medical bills, lost wages, and pain and suffering, simply because they were married. The immunity would prevent her from seeking compensation from him, even if she could have sued a stranger who caused the same accident.

• Example 2: Intentional Harm

  Consider a situation where David, in a fit of anger during an argument, intentionally shoves his wife, Emily, causing her to fall and sustain a concussion. If interspousal tort immunity were in full effect, Emily would be unable to file a civil lawsuit against David for battery (an intentional tort involving harmful or offensive contact) to seek compensation for her medical expenses and emotional distress. The marital relationship would shield David from legal liability for his actions in a civil court, even though he intentionally caused her harm.

• Example 3: Property Damage

  Suppose Maria owns a valuable antique desk that she inherited before her marriage to John. One day, John is carelessly moving furniture and accidentally drops a heavy object onto Maria's desk, causing significant damage. If interspousal tort immunity applied, Maria would not be able to sue John for negligence to recover the cost of repairing or replacing her damaged property, even though the desk was her separate asset. The legal doctrine would prevent her from holding her husband accountable in a civil court for the damage he caused to her personal belongings.