Loss of Consortium Improperly Applied in Amusement Park Claim
by
Joseph C. Maya on Apr. 28, 2017
Accident & Injury Accident & Injury Wrongful Death Lawsuit & Dispute Lawsuit
Summary: Blog about Connecticut's refusal to extend the "loss of consortium" claim to wrongfully killed children.
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In the case of Mills v. Lake Quassapaug Amusement Park, the parents of Michael Mills, sued an amusement park for the death of their son. The son was killed after sustaining fatal injuries when the son was riding on an amusement park ride. The parents bring claim for damages for loss of filial consortium. Generally, consortium is a benefit that a person is entitled from another, such as companionship, affection, aid and even financial support. The park moved to strike the parents complaint, arguing that no cause of action exists for consortium.
The court found for the amusement park, because consortium, by law, is defined as “intangible relations which exist between spouses living together in marriage.” Consortium is created out of a marriage contract, and is an element of the marital relationship which cannot be extended to the children of the marriage. Connecticut law has denied claims brought by children for loss of consortium for their parents, and respectively established that parents cannot recover for the lost consortium of their child. Therefore, the parents had no cause of action to bring a consortium claim for their parent-child relationship.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
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Source: Mills v. Lake Quassapaug Amusement Park, 1995 Conn. Super. LEXIS 1473, 1995 WL 317026 (Conn. Super. Ct. May 16, 1995)