Reply #101: canada law

[Hoosier lawyer]

I changed my mind and did a quick google search that indicates that Canadians do get sued for prenatal injuries. Iverglas I'm stunned that you spoke with such certainty about something you know nothing about.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=902453

This article examines the theory of liability for pre-natal injuries adopted by Canadian courts. In 1933, the Supreme Court of Canada became the first common law appellate court to allow a child born alive to succeed in negligence against a third party for pre-natal injuries. Though the Court maintained that legal personhood commences at birth, it created the judicial artifice allowing a child born alive to be granted the legal rights of personhood the moment a careless act is committed against it in utero. While the “born alive” rule may appear unproblematic vis-a-vis third party negligence, it becomes theoretically unruly in cases where a child sues his or her own mother for pre-natal injuries, The Supreme Court faced this issue in Dobson v. Dobson and for policy reasons found that pregnant women are immune from maternal tort liability in negligence. Notwithstanding the nobles of the Supreme Court’s commitment to protecting the autonomy of women, the Author argues that the decision to adopt public policy considerations to the exclusion of a principled approach ultimately sidesteps the issue of when the relationship between a pregnant woman and her foetus gives rise to a legal duty of care.

Or this one. http://209.85.173.104/search?q=cache:jy1qgwFvg7QJ:mhlp.mcgill.ca/texts/volume1/pdf/ali.pdf+canada+torts+prenatal+injury&hl=en&ct=clnk&cd=6&gl=us&client=firefox-a

Brooklynn Hannah George Rewega was born with brain damage, blindness, and cerebral palsy, and
suffers up to ten seizures a day.
1
These conditions are the result of injuries she sustained in a car accident
when she was in her mother’s womb. When her mother Lisa Rewega was driving to church on New Year’s
Eve of 2000, she lost control on the highway and was thrown through the windshield. Four months later,
Brooklynn was born prematurely with severe health problems. Hoping their insurance company would
pay for Brooklynn’s special health care needs, Doug Rewega sued his wife for negligence, as well as the
owners of the vehicle, George and Tina Rewega. Justice Moreau of the Alberta Court of Queen’s Bench
and Justice Ritter of the Alberta Court of Appeal, confirmed the Supreme Court’s ruling in Dobson
(Litigation Guardian of) v. Dobson,
2
holding that a child cannot sue his or her mother for prenatal
injuries.
3
However, had Brooklynn’s father been the one driving the car, Brooklynn would have been
permitted to sue him since the Dobson decision draws a distinction between pregnant women and third parties

Waiting for my apology