TRY ME!
Loss Of Consortium Claims
Summary
Loss of consortium is not an independent cause of action in New Mexico; it is a derivative claim dependent on the primary injurys success. Parents cannot sue for loss of services from emancipated children. Torts can be committed against unborn children if born alive. No intrafamily tort immunity exists for property torts between spouses or siblings. Trespass can occur even with an honest mistake of entry rights. Adverse possession can grant title if legal requirements are met. Private citizens can sue for public nuisance with special injury. Landowners owe limited duties to adult trespassers unless actions are willful. Licensees must be warned of known dangers.Full Conversation
A parent can sue a defendant for tortious interference with the services owed by an emancipated child to his or her parent (loss of services).
Question * options:
True
False
False
In New Mexico, once a child is emancipated, they are no longer legally obligated to provide services to their parents. Therefore, parents cannot sue for tortious interference with the services of an emancipated child.
In New Mexico, once a child is emancipated, they are no longer legally obligated to provide services to their parents. Therefore, parents cannot sue for tortious interference with the services of an emancipated child.
Until a child is born, it is not possible to commit a tort against that child.
Question * options:
True
False
The statement "Until a child is born, it is not possible to commit a tort against that child" is generally False.
In many jurisdictions, including New Mexico, a tort can be committed against an unborn child if the child is subsequently born alive. For example, if a fetus is injured due to someone's negligence and the child is born with those injuries, a lawsuit can be filed on behalf of the child.
Do you have any specific questions related to this topic or another legal issue?
In many jurisdictions, including New Mexico, a tort can be committed against an unborn child if the child is subsequently born alive. For example, if a fetus is injured due to someone's negligence and the child is born with those injuries, a lawsuit can be filed on behalf of the child.
Do you have any specific questions related to this topic or another legal issue?
There is no intrafamily tort immunity for negligent or intentional property torts between spouses.
Case Rating: *
In New Mexico, there is no intrafamily tort immunity for negligent or intentional property torts between spouses. This means spouses can sue each other for property damage caused by negligence or intentional acts.
Do you have a specific situation or question related to property torts between spouses?
In New Mexico, there is no intrafamily tort immunity for negligent or intentional property torts between spouses. This means spouses can sue each other for property damage caused by negligence or intentional acts.
Do you have a specific situation or question related to property torts between spouses?
There is no intrafamily tort immunity for negligent or intentional property torts between spouses.
Question * options:
True
False
Case Rating: *
In New Mexico, the statement "There is no intrafamily tort immunity for negligent or intentional property torts between spouses" is True. Spouses can sue each other for property damage caused by negligence or intentional acts.
Is there a specific legal issue or situation you need help with regarding property torts between spouses?
In New Mexico, the statement "There is no intrafamily tort immunity for negligent or intentional property torts between spouses" is True. Spouses can sue each other for property damage caused by negligence or intentional acts.
Is there a specific legal issue or situation you need help with regarding property torts between spouses?
There is no intrafamily tort immunity for negligent or intentional property and personal torts between siblings.
Question * options:
True
False
Case Rating: *
The correct answer is True. In New Mexico, there is no intrafamily tort immunity for negligent or intentional property and personal torts between siblings.
Do you have a specific legal issue or question related to intrafamily torts?
The correct answer is True. In New Mexico, there is no intrafamily tort immunity for negligent or intentional property and personal torts between siblings.
Do you have a specific legal issue or question related to intrafamily torts?
Dan is injured on a ferris wheel operated by ABC. He sues ABC for negligence. Which is true?
Question * options:
*)
Dan's wife can bring her own action against ABC for loss of consortium even if ABC wins the negligence action by Dan.
*)
Dan's wife can bring her own action against ABC for loss of consortium only if ABC loses the negligence brought by Dan.
*)
Since Dan's wife was not initially injured, part of Dan's damages (if he wins) will be given to his wife for the damage done to her consortium.
Case Rating: *
Dan's wife can bring her own action against ABC for loss of consortium, regardless of the outcome of Dan's negligence lawsuit. This is because loss of consortium is considered a separate, derivative claim that depends on the existence of the primary injury but not necessarily on the success of the primary claim.
Would you like more details on how to proceed with a loss of consortium claim in New Mexico?
Dan's wife can bring her own action against ABC for loss of consortium, regardless of the outcome of Dan's negligence lawsuit. This is because loss of consortium is considered a separate, derivative claim that depends on the existence of the primary injury but not necessarily on the success of the primary claim.
Would you like more details on how to proceed with a loss of consortium claim in New Mexico?
which option?
Case Rating: *
Hi there! Based on the information you provided, the correct answer would be:
Dan's wife can bring her own action against ABC for loss of consortium only if ABC loses the negligence brought by Dan.
Would you like more details on how to proceed with a loss of consortium claim in New Mexico?
Hi there! Based on the information you provided, the correct answer would be:
Dan's wife can bring her own action against ABC for loss of consortium only if ABC loses the negligence brought by Dan.
Would you like more details on how to proceed with a loss of consortium claim in New Mexico?
Victor is the father of Alice. Alice has her own bank account containing money she received as birthday gifts. Victor uses her password and username to transfer funds from her account to his illegally. Which is true?
Question * options:
*)
Intrafamily tort immunity prevents Alice from being able to sue her father for conversion.
*)
Victor's right to Alice's earnings prevents her from being able to sue her father for conversion.
*)
Victor has committed conversion of Alice's funds for which the intrafamily tort immunity does not apply.
*)
Alice can bring an action for conversion against her father only if she is emancipated.
Case Rating: *
Victor has committed conversion of Alice's funds for which the intrafamily tort immunity does not apply. In New Mexico, intrafamily tort immunity does not protect parents from being sued by their children for property torts such as conversion.
Would you like more details on how to proceed with a conversion claim in New Mexico?
Victor has committed conversion of Alice's funds for which the intrafamily tort immunity does not apply. In New Mexico, intrafamily tort immunity does not protect parents from being sued by their children for property torts such as conversion.
Would you like more details on how to proceed with a conversion claim in New Mexico?
Tort Law: What is an action for wrongful life, and is it allowed?
Case Rating: *
In New Mexico, "wrongful life" actions are generally not recognized. These cases typically involve a claim brought on behalf of a child who alleges that they should not have been born due to medical negligence or other actions. Courts in many jurisdictions, including New Mexico, are reluctant to recognize these claims because of the complex moral and legal issues involved in determining the value of life.
Would you like to know more about other legal claims or issues?
In New Mexico, "wrongful life" actions are generally not recognized. These cases typically involve a claim brought on behalf of a child who alleges that they should not have been born due to medical negligence or other actions. Courts in many jurisdictions, including New Mexico, are reluctant to recognize these claims because of the complex moral and legal issues involved in determining the value of life.
Would you like to know more about other legal claims or issues?
Tort Law: What is an action for wrongful life, and is it allowed? U.S
Case Rating: *
In New Mexico, "wrongful life" actions are not generally recognized. These cases involve a child claiming that they should not have been born due to medical negligence. Courts are hesitant to recognize these claims due to the complex moral and legal issues in determining the value of life.
Do you have any other specific legal questions or issues you need help with?
In New Mexico, "wrongful life" actions are not generally recognized. These cases involve a child claiming that they should not have been born due to medical negligence. Courts are hesitant to recognize these claims due to the complex moral and legal issues in determining the value of life.
Do you have any other specific legal questions or issues you need help with?
Adverse possession can never give a trespasser title to the land on which he or she is trespassing.
Question * options:
True
False
Case Rating: *
False. In New Mexico, adverse possession can give a trespasser title to the land if specific legal requirements are met.
Would you like more details on the requirements for adverse possession in New Mexico?
False. In New Mexico, adverse possession can give a trespasser title to the land if specific legal requirements are met.
Would you like more details on the requirements for adverse possession in New Mexico?
Trespass to land cannot be committed by a person who makes an honest mistake of his or her right to enter the land.
Question * options:
True
False
Case Rating: *
False. In New Mexico, trespass to land can still be committed even if the person makes an honest mistake about their right to enter the land. The intent to enter is what matters, not the intent to trespass.
Do you have a specific situation or question related to trespass to land?
False. In New Mexico, trespass to land can still be committed even if the person makes an honest mistake about their right to enter the land. The intent to enter is what matters, not the intent to trespass.
Do you have a specific situation or question related to trespass to land?
Intent in trespass to land does not require an intent to enter land wrongfully nor to enter knowingly without permission.
Question * options:
True
False
Case Rating: *
True. In New Mexico, intent in trespass to land does not require an intent to enter land wrongfully or to enter knowingly without permission. The mere act of entering the land is sufficient to constitute trespass.
Do you have another legal question or need more details on trespass to land?
True. In New Mexico, intent in trespass to land does not require an intent to enter land wrongfully or to enter knowingly without permission. The mere act of entering the land is sufficient to constitute trespass.
Do you have another legal question or need more details on trespass to land?
Injunction is an equitable remedy, unlike an award of damages.
Question * options:
True
False
Case Rating: *
True. An injunction is indeed an equitable remedy, which is different from an award of damages that is a legal remedy. An injunction typically involves a court order requiring a party to do or refrain from doing specific acts.
Do you need further information on injunctions or have another legal question?
True. An injunction is indeed an equitable remedy, which is different from an award of damages that is a legal remedy. An injunction typically involves a court order requiring a party to do or refrain from doing specific acts.
Do you need further information on injunctions or have another legal question?
It is possible for a private citizen to have standing to sue someone who has committed a public nuisance.
Question * options:
True
False
Case Rating: *
True. In New Mexico, a private citizen can have standing to sue for a public nuisance if they can show that they have suffered a special injury different from that suffered by the general public.
Do you have a specific situation or incident involving a public nuisance that you need assistance with?
True. In New Mexico, a private citizen can have standing to sue for a public nuisance if they can show that they have suffered a special injury different from that suffered by the general public.
Do you have a specific situation or incident involving a public nuisance that you need assistance with?
A licensee has the express or implied consent of the occupier to enter and use the land for the licensee's purpose.
Question * options:
True
False
Case Rating: *
True. A licensee has the express or implied consent of the occupier to enter and use the land for the licensee's purpose.
Do you have any other questions or need more details on a specific legal issue?
True. A licensee has the express or implied consent of the occupier to enter and use the land for the licensee's purpose.
Do you have any other questions or need more details on a specific legal issue?
A land owner or occupier has a duty to use reasonable care to protect all trespassing adults from injury from an attractive nuisance.
Question * options:
True
False
Case Rating: *
False. In New Mexico, the doctrine of attractive nuisance primarily applies to children, not adult trespassers. Landowners are usually not required to protect adult trespassers from attractive nuisances.
Do you have any other legal questions or need further details?
False. In New Mexico, the doctrine of attractive nuisance primarily applies to children, not adult trespassers. Landowners are usually not required to protect adult trespassers from attractive nuisances.
Do you have any other legal questions or need further details?
Gabe is an adult. Ignoring a "Keep Out" sign, he climbs over a fence in Greg's yard. While walking in the yard, Gabe falls into a hole that Greg had dug for the foundation of a large shed he was building in the yard. To Greg's knowledge, this is the first time anyone has trespassed in his yard. Gabe sues Greg for negligence.
Question * options:
*)
Greg owes Gabe a duty of care for artificial conditions on the land such as the hole.
*)
Greg owes Gabe a duty of care if Greg was unaware that Gabe was trespassing in the yard.
*)
Greg does not owe Gabe a duty of care for artificial conditions on the land such as the hole.
Case Rating: *
Greg does not owe Gabe a duty of care for artificial conditions on the land such as the hole. Generally, landowners owe limited duties to trespassers, especially adult trespassers, unless the landowner's actions are willful or wanton.
Is this related to a specific incident you need further assistance with?
Greg does not owe Gabe a duty of care for artificial conditions on the land such as the hole. Generally, landowners owe limited duties to trespassers, especially adult trespassers, unless the landowner's actions are willful or wanton.
Is this related to a specific incident you need further assistance with?
which option
Case Rating: *
Based on the information you've provided, the correct answer to the question about Gabe suing Greg for negligence would be:
Greg does not owe Gabe a duty of care for artificial conditions on the land such as the hole.
Is there a specific incident or additional legal issue you'd like to discuss?
Based on the information you've provided, the correct answer to the question about Gabe suing Greg for negligence would be:
Greg does not owe Gabe a duty of care for artificial conditions on the land such as the hole.
Is there a specific incident or additional legal issue you'd like to discuss?
Tort Law: What duties are owed to licensees?
Case Rating: *
In New Mexico, the duties owed to licensees by landowners or occupiers are:
- Duty to warn of any known dangerous conditions that the licensee is unlikely to discover on their own.
- No duty to inspect the property for hidden dangers.
Do you have a specific situation involving licensees that you need more information about?
In New Mexico, the duties owed to licensees by landowners or occupiers are:
- Duty to warn of any known dangerous conditions that the licensee is unlikely to discover on their own.
- No duty to inspect the property for hidden dangers.
Do you have a specific situation involving licensees that you need more information about?
Start a new chat