Legal Definitions - parental immunity

Parental immunity is a legal principle that generally prevents an unemancipated child from suing their parent for ordinary negligence. The doctrine is rooted in the idea of preserving family harmony, maintaining parental authority, and preventing courts from interfering in routine family decisions and discipline. However, this immunity is not absolute and often includes exceptions for intentional harm, extreme misconduct, or when the parent is acting in a capacity other than a purely parental one (e.g., as a business owner). Many jurisdictions have significantly limited or even abolished this doctrine over time.

• Example 1: Ordinary Parental Negligence

  A parent is driving their child to school and, while momentarily distracted by a phone call, fails to notice a stop sign, resulting in a minor fender bender. The child sustains a minor injury, such as a sprained wrist.

  How it illustrates the term: In jurisdictions that still uphold parental immunity, the child would typically be barred from suing the parent for negligence (the distracted driving and running the stop sign). This situation falls under the umbrella of ordinary parental conduct and oversight, which the doctrine aims to protect from litigation to preserve the family unit.

• Example 2: Parent Acting in a Business Capacity

  A child is a paying customer at a restaurant owned and operated by their parent. Due to the parent's negligence in maintaining the premises, the child slips on a wet floor that was not marked, suffering a broken leg.

  How it illustrates the term: This scenario demonstrates a common exception to parental immunity. When a parent is acting in a business or professional capacity, rather than purely as a parent, the immunity often does not apply. The duty owed to the child in this instance is that of a business owner to a customer, which is distinct from the parental duty of care, thus allowing the child to potentially sue.

• Example 3: Intentional Harm or Egregious Misconduct

  During a severe argument, a parent intentionally pushes their teenage child down a flight of stairs, causing multiple fractures and a concussion.

  How it illustrates the term: This example highlights another significant exception to parental immunity. The doctrine is almost universally understood not to protect parents from lawsuits involving intentional torts (like battery) or extremely egregious, willful misconduct. Such actions fall outside the scope of reasonable parental authority and care, and the policy reasons for parental immunity do not extend to protecting such harmful behavior.