Credit: 5second/Adobe Stock A New World: Why 'Per Quod' Claims Should Be Available for Unmarried Couples
"While legal marriage is currently a prerequisite to bringing per quod claims, the reasoning to preclude unmarried cohabitants from bringing per quod claims dates back to the 1982 case of 'Childers v. Shannon' and no longer applies to the current societal realities," writes Zachary M. Green.
February 12, 2024 at 10:00 AM
6 minute read
Personal Injury
Since the 1980s, New Jersey courts have held that legal marriage is a prerequisite to bringing a per quod claim. See Childers v. Shannon, 183 N.J. Super. 591 (Law Div. 1982); Leonardis v. Morton Chemical, Div. of Morton Norwich Products, 184 N.J. Super. 10, 11 (App. Div. 1982); Lemma v. Racing, 2011 N.J. Super. Unpub. LEXIS 1212 (App. Div. 2011). However, due to the dated policy considerations underlying these decisions, there is a reasonable basis to argue that unmarried cohabitants, and other individuals with intimate familial relationships, should have standing to assert a per quod claim.
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