husband–wife immunity

The immunity of one spouse from a tort action by the other spouse for personal injury.

• As of 1992, 38 states and the District of Columbia had abolished interspousal tort immunity either by judicial opinion or by statute. Nine states had abolished the rule only in specific instances such as intentional or vehicular torts.

— Also termed interspousal immunity; interspousal tort immunity; marital immunity. [Cases: Husband and Wife 205(2).]


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