21.6.2.1 Loss of Consortium.

• Jurisdiction: Arizona

21.6.2.1 Loss of Consortium. Historically, wives and children were considered property of the husband who could recover for the loss of their services.²⁸⁸ Over time, the focus of an action for loss of consortium shifted to the intangible values of a relationship, such as companionship and affection.²⁸⁹ Consortium essentially consists of love, affection, protection, support, services, companionship, care, society, and, in the marital relationship, the physical relationship.²⁹⁰ Either spouse may now bring a claim for the loss of consortium of the other.²⁹¹ Under appropriate circumstances, parents may recover for the loss of consortium of their children, both adult²⁹² and minor,²⁹³ and children may recover for the loss of consortium of a parent.²⁹⁴

In order for a child to recover for loss of consortium due to an injury to a parent, the injury must be serious, permanent, and disabling and must render the parent unable to provide love, care, companionship, and guidance to the child. The parent’s mental or physical impairment must be so overwhelming and severe that the parent-child relationship is destroyed or nearly destroyed.²⁹⁵

The rule which applies to the loss of consortium of a child seems to be less onerous. Parents may maintain a cause of action for loss of their child’s consortium when...