Negligence in Marriage

Negligence in marriage occurs when one spouse fails to act with reasonable care, resulting in harm to the other spouse. Under tort law, negligence involves a breach of duty that causes injury or loss. This concept, though more commonly associated with workplace or public settings, can also be applied within marital relationships when a spouse’s careless actions lead to harm.

Examples of Acts That Fall Under Negligence

• Endangering Health: A spouse ignoring medical advice, which leads to exposing the other to contagious illnesses or unsafe conditions.
• Negligent Driving: One spouse drives recklessly or under the influence, causing injuries in an accident involving the other spouse.
• Financial Recklessness: Mismanagement of shared finances, leading to significant losses or debts that harm the family’s stability.

Real Case Example

In Weirum v. RKO General, Inc., the concept of negligence in relationships was examined when one party’s reckless behavior resulted in harm. While not a marital case, similar principles apply to negligence in marriage. For example, if one spouse’s careless actions put the other in danger or leads to financial ruin.

Possible Judgment

Courts may award:

• Compensatory Damages: To cover physical injuries, medical expenses, or financial losses caused by the negligent actions.
• Restitution: To recover losses or restore the financial stability of the harmed spouse.
• Punitive Damages: If the negligence involved gross carelessness or reckless disregard for the other spouse’s well-being.

Take Home

For potential victims of negligence in marriage

• Address concerns with your spouse about careless behavior that affects your well-being or safety.
• If harm occurs, seek legal advice to understand your rights and options for compensation.
• For potential perpetrators of negligence in marriage
• Be mindful of the impact of your actions on your spouse’s physical, emotional, and financial health.
• Take responsibility for ensuring shared responsibilities (e.g., finances, home safety) are handled with care.

For Everyone

• Approach your marriage as a partnership where mutual well-being is prioritized.
• Build proactive habits to avoid negligence, such as regular communication about concerns and creating systems to handle shared responsibilities responsibly.