Section 14.7 Imputation of Negligence Between Spouses

LibraryFamily Law Deskbook and 2014 Supp

A. (§14.7) Imputation of Negligence Between Spouses

Under general principles of agency, one person may be held vicariously liable for the acts or omissions of a servant or agent. Under a given set of facts, a spouse may be found to be the servant or agent of the other spouse for the purpose of holding the other spouse vicariously liable in tort. In such an instance, general agency principles would apply. But one spouse cannot be held liable for the torts of the other spouse simply by virtue of the marital relationship.

Joint use or ownership of an automobile is common between a husband and wife. The question that arises is whether joint use or joint ownership of an automobile is sufficient to impute the negligence of one spouse to the other spouse. In Stover v. Patrick, 459 S.W.2d 393 (Mo. banc 1970), the Supreme Court of Missouri held that a married couple’s trip to visit friends and attend a wedding did not cause the husband/driver’s negligence to be imputed to the wife. Id. at 398. The Court also stated that “[t]rips for some family purpose or for...

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