Guest statute

Guest statute

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 ( [http://www.legislature.state.al.us/CodeofAlabama/1975/32-1-2.htm Ala. Code § 32-1-2] ) and Texas ( [http://tlo2.tlc.state.tx.us/statutes/docs/CP/content/htm/cp.004.00.000072.00.htm#72.001.00 Tex. Civ. Prac. & Rem. Code § 72.001] ), either legislatively or by the courts.

External links

* [http://av8r.net/columns/legaleagles.cfm?printable=1 Legal Issues in Accidents and the Status of Passengers]


Wikimedia Foundation. 2010.

Поможем написать реферат

Look at other dictionaries:

  • guest statute — n: a statute that prevents non paying passengers from suing the driver or owner of a car for accidental injuries except in cases of gross negligence or willful or wanton misconduct – called also automobile guest statute; Merriam Webster’s… …   Law dictionary

  • automobile guest statute — n: guest statute Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. automobile guest statute …   Law dictionary

  • guest — n. Someone who receives hospitality; someone invited into another person’s home for entertainment or driven by another person in a car without paying for the ride. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc.… …   Law dictionary

  • guest — A person receiving lodging for pay at an inn, motel, or hotel on general undertaking of keeper thereof. A traveler who lodges with the consent of the keeper or owner. Guest is a person who is received and entertained at one s home, club, etc.,… …   Black's law dictionary

  • guest — A person receiving lodging for pay at an inn, motel, or hotel on general undertaking of keeper thereof. A traveler who lodges with the consent of the keeper or owner. Guest is a person who is received and entertained at one s home, club, etc.,… …   Black's law dictionary

  • automobile guest — See family automobile doctrine family purpose doctrine guest guest statute …   Black's law dictionary

  • gratuitous guest — In motor vehicle law, a person riding at invitation of owner or authorized agent without payment of a consideration or fare. Hart v. Hogan, 173 Wash. 598, 24 P.2d 99. See guest guest statute …   Black's law dictionary

  • automobile guest — See family automobile doctrine family purpose doctrine guest guest statute …   Black's law dictionary

  • gratuitous guest — In motor vehicle law, a person riding at invitation of owner or authorized agent without payment of a consideration or fare. Hart v. Hogan, 173 Wash. 598, 24 P.2d 99. See guest guest statute …   Black's law dictionary

  • negligence — The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do. Negligence is the failure… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”