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.
Sandra L. Haley,
The Parental Tort Immunity Doctrine: Is It a Defensible Defense?,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol30/iss2/8