Section 14.14 Injury to Unemancipated Child

• Library: Family Law Deskbook and 2014 Supp

B. (§14.14) Injury to Unemancipated Child

A minor child who is injured has a cause of action, and the parents also have an action.

An injury to a minor child gives rise to two causes of action, one on behalf of the child for pain and suffering, his permanent injury, and impairment of earning capacity after attaining majority, the other on behalf of the parent for loss of services during minority, and expenses of treatment, and the damages peculiar to one of these causes of action cannot properly be recovered in an action based on the other in the absence of any waiver or estoppel.

Evans v. Farmers Elevator Co., 147 S.W.2d 593, 599 (Mo. 1941) (quoting 46 C.J. 1301, § 114).

The parents’ recovery is limited to “loss of services or earning power and the medical...