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First Principles of Business Law |
| The tort of Negligence |
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4. 3. Recognised duty situations or relationships |
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4.3.8. The 'unborn' plaintiff |
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Read the facts below and then answer the question. A, a young woman who is drug dependant, becomes pregnant. Her doctor warns her that continuing to take recreational drugs will harm her baby but A ignores the advice. As a result of the drugs that A continues to take the development of the foetus of her unborn child is affected. When the child B is born, he suffers from serious physical disabilities. A legal action in Negligence is brought on behalf of the child B against his mother A. A argues that no duty of care arises in relation to an unborn foetus. She also argues that a mother cannot be liable to her own unborn child for ante-natal injuries. Are these arguments correct? |
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