Although there is no case authority, it is probable that at common law there was no prohibition against a minor child bringing suit against his parent for a personal tort. Indeed, a child could enforce his own choses in action and sue for wrongs to his property. Similarly, in the United States prior to 1891, case law seemed to indicate that there was no parent-child immunity. However, after that date, without citing any common law precedent, three cases laid the basis for the parent-child tort immunity rule by holding a parent not liable for a tort inflicted upon his unemancipated minor child.
Torts- Parent-Child Immunity- Reluctance To Further Abrogate The Immunity Rule,
U. Rich. L. Rev.
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