Good morning, friends.
Somewhere in the eastern part of Nigeria, a man has threatened to personally sue the management of a textile factory for allegedly being responsible for the injury that his 25-year-old son, an employee of the factory, suffered in an industrial accident that occurred at the factory as a result of which he lost his right hand. The father has now decided to sue on his son's behalf out of the parental affection he has for him.What are the legal chances of this man if he sues for the injury of another in law?
THE LEGAL POSITION
This above scenario falls under the law of torts.It is trite law that one cannot sue to get damages for the personal injury of another.Although in this scenario, the relationship between the person that threatened to sue and the accident victim is that of father/son, the law sees both of them as two separate natural persons and the law also sees each of them as having personal capacity to sue and to be sued.So, the factor of affection or love between them as father and son is unknown to our law.
From the foregoing, the man cannot sue on behalf of his son in law.In fact he lacks the legal capacity to do that.In other words, he lacks the locos standi to sue in the circumstances. It is only the son, as a sane adult, that can sue for damages for the personal injury he has suffered personally.
Thank you for your attention. See you tomorrow.
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