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24 Vand. L. Rev. 217 (1970-1971)
Civil Liability for Causing Suicide: A Synthesis of Law and Psychiatry

handle is hein.journals/vanlr24 and id is 231 raw text is: VANDERBILT LAW REVIEW VOLUME 24 MARCH 1971 NUMBER 2 Civil Liability for Causing Suicide: A Synthesis of Law and Psychiatry Victor E. Schwartz* I. INTRODUCTION If suicide is a deliberate, intentional act by an individual, how can one person be civilly liable for causing the suicide of another? The paradox suggested by this question has caused many courts to shy away from imposing civil liability for causing suicide.' In certain situations, however, a growing number of courts are permitting recovery.2 Since suicide is on the increase both in numerical terms and in rank as a cause of death in the United States3 it can be expected that even more tort claims will be brought by parties attempting to fix civil responsibility on someone other than their beloved decedent. Psychiatrists tell us that the very topic of suicide produces considerable uneasiness in most people.4 This may explain why few courts have articulated meaningful standards for deciding whether to impose civil liability for causing suicide. A study of the psychiatric literature on the causes of suicide reveals the complexity of the environmental factors that may lead to an individual's decision to *Visiting Associate Professor of Law, University of Virginia, 1970-71; Associate Professor of Law, University of Cincinnati. A.B. 1962, Boston University; LL.B. 1965, Columbia University. Research for this article was sponsored in part by a fellowship from the University of Cincinnati. l. See, e.g., Salsedo v. Palmer, 278 F. 92 (2d Cir. 1921); Brown v. American Steel & Wire Co., 43 Ind. App. 560, 88 N.E. 80 (1909); Lancaster v. Montesi, 216 Tenn. 50, 390 S.W.2d 217 (1965). 2. E.g.. Meier v. Rosa Gen. Hosp., 69 Cal. 2d 420,455 P.2d 519, 71 Cal. Rptr. 903 (1968); Tate v. Canonica, 180 Cal. App. 2d 898, 5 Cal. Rptr. 28 (1960). 3. See BUREAU OF THE CENSUS, STATISTICAL ABSTRACT OF THE UNITED STATES 58 (90th ed. 1969). Suicide now ranks among the 10 leading causes of death in this country. N.Y Times, Mar. 30, 1969, at 48, col. 3; Wall Street Journal, Mar. 6, 1969, at 1, col. 1. 4. See C. LEONARD, UNDERSTANDING AND PREVENTING SUICIDE 3 (1967); E. SHNEIDMAN & P. MANDELKORN, PUBLIC AFFAIRS COMM. PAMPHLET No. 406, How TO PREVENT SUICIDE 6-9 (1968).

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