Alberta will be considering legislation this month that will enable a child to sue its mother for damages incurred from automobile accidents that happened while the child was still in the womb.
Currently legislation exists that allows children to sue other people for damages incurred prior to being born, but suing the mother is strictly off limits. This was decided in the Dobson case by the Supreme Court of Canada, likely as a means of avoiding the thorny issue of mothers being held responsible for the health of their fetuses throughout pregnancy. The issue at stake was whether or not a fetus has a legal standing as a person prior to birth. As you can guess, this bleeds into abortion issues – which is why the mother was left untouchable.
This sad case of a mother being in a car accident has resulted in the belief that the baby was born with health problems due to the trauma of the accident. The girl (Brooklyn) now lives a difficult life and the family is looking for a way to help pay for the costs of the aide required for Brooklyn.
So now we get to the yuckiest part of the story – insurance.
Continue reading Suing Mom For Pre-Birth Damage