Parental Consortium

In the beginning of the movie “When a Stranger Calls,” a babysitter receives scary calls asking if she checked on the children. The rest of the movie focuses on something else instead, just like a law called F.S. §768.0415. §768.0415 is a Florida law that says if someone causes serious permanent injury to a parent, they can be held responsible for damages to the parent’s children. This law was created after the Florida Supreme Court decided not to make a similar rule. However, very few cases have been brought under this law, and it’s not clear what exactly counts as a “significant permanent injury” or “permanent total disability.” “Permanent total disability” sounds like it means someone has died, but that’s not what the law actually means. The law can be better understood by looking at workers’ compensation rules. “Permanent total disability” in workers’ compensation law means a catastrophic injury, which includes severe paralysis, amputation, severe brain or closed-head injury, severe burns, total blindness, or other injuries that qualify for disability benefits. This also includes conditions that prevent someone from working for at least 12 months. The Social Security Act defines disability as the inability to work due to a physical or mental impairment lasting at least 12 months. The conditions acknowledged for disability benefits are less severe than catastrophic injuries. Therefore, parents can make a claim for parental consortium if they suffer permanent total disability due to someone else’s negligence. This includes both catastrophic injuries and less severe conditions recognized by the Social Security Act. Richard C. Alvarez is a lawyer at a firm in Tampa, Florida. He specializes in personal injury, products liability, and commercial litigation.

Source: https://www.floridabar.org/the-florida-bar-journal/parental-consortium/