Also known as: parental immunity
Written by attorneys · grounded in primary & secondary sources — see below
A common-law doctrine that bars an unemancipated minor from suing a parent for ordinary negligence arising from the exercise of parental authority, supervision, or discretion within the family relationship. The doctrine rests on preserving family harmony and parental autonomy. Modern authority has largely repudiated any blanket bar based solely on the parent-child relationship.
Pamela Phillips directed her twelve-year-old son to drive an old tractor without a roll bar along a steep drainage ditch on the family farm. The tractor overturned and injured the boy. When the son sued through a guardian, the court dismissed the claim because the alleged negligence occurred during the exercise of parental supervision over a child.
Phoenix Technologies manufactured a defective heater that injured a child. The manufacturer sought contribution from the child's parents, alleging they negligently supervised the child near the heater. The court held that parental immunity barred the contribution claim against the parents even though the parents could still be included for fault allocation.
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Modern authority holds that the mere existence of the parent-child relationship does not create tort immunity. A child may sue a parent for ordinary negligence unless the conduct falls within a limited sphere of protected parental discretion such as reasonable discipline or supervision.
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Immunity continues to protect parents only for conduct that constitutes the exercise of parental authority, supervision, or discretion within the family relationship. It does not shield ordinary negligence that would be actionable if committed by a non-parent.
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Parental immunity precludes a contribution claim against the parents, but the parents may still be included as third-party defendants for purposes of allocating fault among all responsible parties.
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