Monday, August 16, 2010

Father can Sue Mother of a Stillborn Fetus for Negligence

The father of a stillborn fetus can sue for negligence on a mother's part.  This is a case out of Wisconsin involving a car accident.  The mother of the fetus was involved in an auto accident with a third party.  The father initially sued the other party, however the lawsuit was rejected on summary judgement on a finding that the other party could not be liable for the mother's negligence.

On appeal, the court ruled that there is a causal link between a recent car accident and the subsequent death of a fetus.  The court further found that the pregnant woman, at least in Wisconsin, does owe a duty to the unborn child and thus could be civilly liable for negligence.

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