Litigation: The Unborn Plaintiff

A pregnant woman is knocked down by a car and injured. Can she recover damages? Certainly — if the driver was at fault. But what about the unborn child? If he is born with a defect caused by the accident, can he go to court and sue for injuries? Only a few years ago, the answer would have been no. Now, in many courts around the world, the answer would be a highly qualified yes. Writing in the Michigan Law Review, Dr. David A. Gordon, a South African lawyer, notes that the law in most Western nations is finally...

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