Demurrer

deh-MOOR-aire - "to stay put"

This Norman French term can be traced back to the Latin word demorari (day-moh-RAH-ree), which means "to delay."

This occurs when a defendant responds to an allegation by denying that it contains sufficient grounds for action. In responding with a demurrer, the defendant neither affirms nor denies any wrongdoing; s/he is simply claiming that the plaintiff has no real case. At one time, this could be used in criminal proceedings, but today is confined to civil actions in most states.

The basis of a demurrer is generally the absence of one or more of the elements required in order to bring a claim against someone. In the case of a work-related injury case, there needs to be clear evidence that the employer owed a duty to the employee (of a warning or some type of protection), that there was a breach of this duty, and that the plaintiff (the employee) suffered an injury (or illness) as a result. The employer might use a demurrer, claiming that the complaint is missing any or all of these elements.

Demurrers are useful in weeding out many "nuisance," or frivolous lawsuits that have no real legal basis or precedent. For example, a family wishing to live the "country life" purchases or builds a home near a farm that has been in operation for decades, then sues the farmer because of the smell of manure and the noise of machinery. In this case, the farmer could legitimately respond with a demurrer stating that the existence of his farm predates the domicile of the plaintiff, and that the plaintiff freely chose to live in the area and should have been aware of the consequences of doing so.

 

 

 

 

 

 
- A - B - C - D - E - F - G - H - I - J - L - M - N - O - P - R - S - T - V - W