Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, November 5, 2005

Alberta Plans Law Allowing Child To Sue For Injuries Suffered In Womb

Groundbreaking legislation that would allow a child to sue its mother for injuries suffered in the womb is raising worries for insurance providers and the pro-choice lobby. Alberta Justice Minister Ron Stevens plans to introduce a bill later this month that would create an exception to current Canadian law. But he cautions the Alberta law will be narrowly restricted to cover children who were hurt in motor vehicle accidents, and the liability will be limited to the amount of the mother's insurance policy. The move stems from the case of Brooklynn Rewega, who was born with brain damage, blindness and cerebral palsy after her pregnant mother lost control of her car and crashed it. "If that accident had occurred and any other party was driving or was responsible, there would be a remedy for that child for injuries arising out of the accident," Stevens said Thursday. "What we are doing in the legislation that we will be bringing forward is providing a potential remedy for that child in those circumstances."  Source. News from Canadian Press,  Lorraine Turchansky, Please click here for addition information (last visted November 5, 2005, reo).

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