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Torts Commons

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Full-Text Articles in Torts

Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda Dec 1996

Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda

West Virginia Law Review

No abstract provided.


The Parental Tort Immunity Doctrine: Is It A Defensible Defense?, Sandra L. Haley Jan 1996

The Parental Tort Immunity Doctrine: Is It A Defensible Defense?, Sandra L. Haley

University of Richmond Law Review

If the overriding purpose of tort law is to compensate those injured by the wrongdoing of another, then intrafamily tort immunities have historically defeated that purpose. Their effect is to leave an uncompensated injured party with no remedy simply by virtue of the tortfeasor's familial relationship to the injured person. This survey focuses on the doctrine of parental tort immunity and concludes that, although numerous exceptions exist, the rationales advanced for the doctrine's continued existence are of questionable relevance today.