Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
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Thank you for your patience. I'm very sorry for your loss, first of all.In New Jersey, one spouse can sue the other for tortious actions (like negligence) in the same way they can sue a stranger for the same wrongful conduct. These types of torts that have happened during the marriage are called marital torts. Normally, a party doesn't owe a duty to call 911, but because of the spousal relationship, it certainly can be argued that he owed her a duty.That said, it may be a tough claim. First, it would have to be proven that even if he had called 911 that injury would not have occurred, that "but for" his failure to act, she passed away.Beyond that, however, if he truly does have some sort of mental incapacity, I am sure that it would be argued that he wasn't negligent, but rather his condition caused him not to call and that he shouldn't be held liable.If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!
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