Kentucky Supreme Court Extends Spouse Loss of Consortium Beyond the Death of the Spouse

Karl Truman

Attorney
(866) 735-1102 Ext 315

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Kentucky law has long held that a consortium claim was based in common law and historically it ended with the spouse's death. The reasoning was that death terminated any possibility of a spousal relationship and the loss would be covered by the wrongful death statute.

The effect of this law meant that if a spouse was killed through the negligence of others, the surviving spouse did not have a claim for the loss of love and affection of their spouse. The Court held that it would defy common sense to suggest that consortium damages could accrue for an incapacitated spouse, but not for one that had died. It would also provide a perverse incentive to tortfeasors who would be encouraged to kill persons by their negligence, rather than simply injure or maime them.

This is a significant ruling for husbands and wives who's spouse is killed by the negligence of others to hold the wrongdoer responsbile for the injury and pain they have caused.