I posted a blog article titled Sexually Transmitted Diseases and Alimony Proceedings on October 16, 2010. In it I promised a follow-up article discussing the status of Ohio law concerning domestic or marital torts.
In Ohio, like in most states, interspousal tort immunity has been abolished. A person may bring a personal injury action against his current spouse or between a former spouse for personal injury which occurred during the marriage. Marital torts can include any claim for personal injuries and are often referred to as domestic or marital torts because they are torts that occur within the family context, such as between spouses. Marital torts, moreover, can be lodged in connection with intentional or negligent acts, including the transmission of sexual diseases, psychological distress and emotional injury, slander and libel.
As in all torts, there must be a violation of some duty owed to the plaintiff, and generally that duty must arise by operation of law, not merely an agreement between the parties. Â Torts are civil actions arising from the conduct, deliberate or careless, of one individual in dealings causing harm or damage to another; and they also arise as a result of intent or negligence. Intentional torts, which … Read More... “Marital Torts in Ohio … A Primer”