Case Brief Wiki
Advertisement

Facts[]

Seguin negligently injured a pregnant woman in a car accident. Duval was the child she was then carrying, who sued for the damages that she had suffered since birth and that she would continue to bear.

Issue[]

  1. Can a defendant be liable for injuries caused to another before their birth?

Decision[]

Judgment for the plaintiff.

Reasons[]

Fraser stated that Seguin owed a duty of care to Duval as it was foreseeable that some users of the highway were pregnant women and that an unborn child could be hurt in an accident.

Ratio[]

No person is disentitled from recovering damages in respect of injuries for the only reason that the two parties are parent and child, or because the injuries occurred before his or her birth.

Advertisement