MBE Rules · Torts
Loss of consortium
The rule
A spouse of a person tortiously injured has an independent cause of action for loss of consortium — the loss of the injured spouse's society, companionship, affection, sexual relations, and household services. The claim is derivative: it depends on the injured spouse's underlying tort claim and is subject to the same defenses (including comparative fault).
In plain English
The uninjured spouse can recover for what she lost from her partner's injury. A minority of states extend the claim to parents for injury to a child, or to children for injury to a parent.
The trap
Because the claim is derivative, contributory or comparative negligence of the injured spouse reduces (or in some states bars) the consortium recovery.
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