Can a suit be filed against a spouse for causing personal injury to the other spouse outside the state of North Caroline?
Full Question:
My husband and I got married 2 months back and are living in North Carolina. 3 weeks back we had gone for a holiday at Bora Bora Island. One evening while we were walking along the beach, he tried to push me into the water in spite of knowing that I am hydrophobic and I cannot swim. Can I file a complaint against him in North Carolina for his actions that occurred outside our state?
11/24/2016 |
Category: Marriage |
State: North Carolina |
#27129
Answer:
North Carolina General Statute §52.5.1 discusses the powers and liabilities of married persons. It states:
“A husband and wife shall have a cause of action against each other to recover damages for personal injury, property damage or wrongful death arising out of acts occurring outside of North Carolina, and such action may be brought in this State when both were domiciled in North Carolina at the time of such acts.”
Therefore, a suit can be brought against the husband in North Carolina where both of parties are domiciled. The husband shall be liable for the personal injury committed by him outside the state of North Carolina jf there were any damages to claim. Whether there were damages in this case that can be recovered is not clear.
