Legal Question in Civil Litigation in Maryland

sibling - sibling immunity

Can a minor child bring a cause of action in tort against a minor sibling?


Asked on 11/21/00, 9:51 pm

1 Answer from Attorneys

Elizabeth Boyle Law Office of Elizabeth M. Boyle

Re: sibling - sibling immunity

There does not appear to be sibling-sibling immunity under Maryland law. A 1994 Maryland case

Warren v. Warren 336 Md. 681, 650 A. 2d 252 (Md. App. 12/8/94) reviews familial immunity and discusses the abrogation of interspousal immunity in the 1983 Md case Boblitz. Since Boblitz, husbands and wives may sue each other in tort in MD. Parent-child immunity still exists in MD. Except the Warren case establishes that the immunity does not protect a step-parent from a lawsuit by a step-child. One practical difficulty you would face is having the minors both respresented by Guardians. Could the parents serve one, both? Or would you have to get the Court to appoint a Guardian to pursue and defend the lawsuit?

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Answered on 11/28/00, 11:11 pm


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