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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