“Parent–Child Immunity” in Maryland
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The general concept
Parent–child immunity is a narrow doctrine that can limit a child’s personal-injury claim against a parent. It developed from concerns about family harmony and parental authority, but Maryland has recognized exceptions. It should not be confused with a rule that parents can never be sued by their children.
How Maryland applies it
Maryland continues to recognize the doctrine, particularly where a claim would require a court or jury to second-guess parental supervision, care, or discipline. A major statutory exception covers an unemancipated child’s claim arising from a parent’s negligent operation of a motor vehicle, up to applicable motor-vehicle liability or uninsured-motorist coverage. Other recognized exceptions include situations where both parent and child were adults when the tort occurred, certain claims connected to a parent’s business, and criminal conduct that has already shattered the relationship the doctrine is meant to protect. In Grier v. Heidenberg, the Appellate Court applied the doctrine to wrongful-death and survival claims arising from a child’s drowning. The result depends on the child’s status, the nature of the alleged conduct, the relationship at the time, and available insurance.
Related Maryland Cases and Authorities
Md. Code, Courts & Judicial Proceedings § 5-806; Grier v. Heidenberg, 255 Md. App. 506 (2022); Renko v. McLean, 346 Md. 464 (1997); Eagan v. Calhoun, 347 Md. 72 (1997).