Guest statute
Encyclopedia
A guest statute is a term used in the law
of torts to describe a statute
that makes it more difficult for a passenger
in an automobile
to recover damages from the driver for injuries received in an accident resulting from ordinary negligence on the part of the driver. Instead, passengers are limited to suits based on gross negligence
, recklessness, or intentional misconduct. The statute may also place a cap on the damages to be awarded, or limit damages to compensation for actual physical injuries.
The purpose of the guest statute is both to protect drivers from frivolous litigation
and to protect insurance companies from collusive and fraudulent suits
(wherein the passenger sues the driver in order to collect from the driver's insurer). For the same reason, some states also passed aviation guest statutes, which limit the liability of non-commercial airplane passengers. However, guest statutes now appear to have been abolished in all states except Alabama (Ala. Stat. Sec. 32-1-2). Category:Tort law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of torts to describe a statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
that makes it more difficult for a passenger
Passenger
A passenger is a term broadly used to describe any person who travels in a vehicle, but bears little or no responsibility for the tasks required for that vehicle to arrive at its destination....
in an automobile
Automobile
An automobile, autocar, motor car or car is a wheeled motor vehicle used for transporting passengers, which also carries its own engine or motor...
to recover damages from the driver for injuries received in an accident resulting from ordinary negligence on the part of the driver. Instead, passengers are limited to suits based on gross negligence
Gross negligence
Gross negligence is a legal concept which means serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable person"...
, recklessness, or intentional misconduct. The statute may also place a cap on the damages to be awarded, or limit damages to compensation for actual physical injuries.
The purpose of the guest statute is both to protect drivers from frivolous litigation
Frivolous litigation
In law, frivolous litigation is the practice of starting or carrying on law suits that, due to their lack of legal merit, have little to no chance of being won. The term does not include cases that may be lost due to other matters not related to legal merit...
and to protect insurance companies from collusive and fraudulent suits
Collusive lawsuit
A collusive lawsuit is a lawsuit in which the parties to the suit have no actual quarrel with one another, but one sues the other to achieve some result desired by both.-Constitutional law:...
(wherein the passenger sues the driver in order to collect from the driver's insurer). For the same reason, some states also passed aviation guest statutes, which limit the liability of non-commercial airplane passengers. However, guest statutes now appear to have been abolished in all states except Alabama (Ala. Stat. Sec. 32-1-2). Category:Tort law