LOSS OF CONSORTIUM

LOSS OF CONSORTIUM

loss of consortium (k[schwa]n-sor-shee-[schwa]m).

1. A loss of the benefits that one spouse is entitled to receive from the other, including companionship, cooperation, aid, affection, and sexual relations. ? Loss of consortium can be recoverable as damages from a tortfeasor in a personal-injury or wrongful-death action. Originally, only the husband could sue for loss of consortium. But in 1950, nearly a century after the enactment of the married women’s property acts, a wife’s action for negligent impairment of consortium was first recognized. Hitaffer v. Argonne Co., 183 F.2d 811 (D.C. Cir. 1950). Today 48 states and the District of Columbia recognize both a husband’s and a wife’s right to sue for loss of consortium (Utah and Virginia do not). [Cases: Husband and Wife 209(3, 4).]

2. A similar loss of benefits that one is entitled to receive from a parent or child. See CONSORTIUM.


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