§ 13-6 Damages - Elements of Actual Damages - Loss of Consortium

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 13-6 Damages - Elements of Actual Damages - Loss of Consortium

The plaintiff is claiming a loss of consortium. This is a claim for loss of the services, society, and companionship of a spouse. South Carolina Code Section 15-75-20, titled "Loss of companionship of spouse," provides:

"Any person may maintain an action for damages arising from an intentional or tortious violation of the right to the companionship, aid, society and services of his or her spouse."

Loss of consortium arises out of the special relationship between a husband and wife. Consortium refers to the conjugal fellowship of husband and wife and the right of each to the company, society, cooperation, affection, and aid of the other in every conjugal relation. Loss of consortium includes several elements:

(1) support and services provided by the other spouse;
(2) love;
(3) companionship;
(4) affection;
(5) society;
(6) sexual relations;
(7) comfort;
(8) solace;
(9) guidance.

In...