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Parent-Child Immunity: The Case For Abolition, Christine V. Pate
Parent-Child Immunity: The Case For Abolition, Christine V. Pate
San Diego Law Review
"However repugnant it may seem that a minor child should sue his own father, it is equally repugnant that a child injured by his parent's negligence, perhaps maimed for life should have no redress for the injury he has suffered." This anomaly exists today in the majority of jurisdictions which recognize the parent-child immunity. The origins of this rule, its exceptions and its present status nationwide and in California reflect a judicial determination not to interfere with the basic unit of our society, the family.