Law Commons^™

Loss Of Consortium: Moving Past Anachronism Towards A New Standard, George Souri

George Souri

In every state except New Mexico, marriage is a requirement for bringing a common law loss of consortium claim. Despite it's "bright line" appeal, the current standard is inherently flawed. By denying unmarried couples that are in serious and committed relationships the right to sue for loss of consortium, courts today are making the same mistake historical courts -- which did not allow wives o bring loss of consortium actions -- made: they are arbitrarily holding on to a set of outdated assumed premises about marriage and committed relationships, and employing a line of jurisprudence that leads to absurd conclusions …