Actions for Loss of Consortium in Washington: The Children Are Still Crying

Authors

Gino L. Gabrio

Abstract

This comment examines the reasons advanced by Washington courts to deny children a cause of action for loss of parental consortium when a parent is negligently injured. It discusses the inconsistent positions that courts and legislatures have taken in awarding or refusing to award recovery for loss of consortium by various classes of plaintiffs, and argues that children, like parents and spouses, should also have a separate consortium action. This comment then proposes guidelines for legislation creating a child's consortium action that limits any dangers of permitting children to recover. Finally, this comment concludes that, if the legislature fails to act, courts should nevertheless respond to the plight of the child by recognizing his consortium claim.

First Page

487

Recommended Citation

Gino L. Gabrio, Comment, Actions for Loss of Consortium in Washington: The Children Are Still Crying, 56 Wash. L. Rev. 487 (1981).
Available at: https://digitalcommons.law.uw.edu/wlr/vol56/iss3/9