Date: Tue, 22 Nov 2005 08:04:44

From: Steve Hedley

Subject: Alberta - Maternal Tort Liability Act

The sponsor's speech stated that there's analogous English legislation. Could somebody post a URL? Thanks.

Presumably this is a reference to Congenital Disabilities (Civil Liability) Act 1976, section 1 of which creates a liability for injuries before birth but exempts the mother from it. Section 2 then provides:

A woman driving a motor vehicle when she knows (or ought reasonably to know) herself to be pregnant is to be regarded as being under the same duty to take care for the safety of her unborn child as the law imposes on her with respect to the safety of other people; and if in consequence of her breach of that duty her child is born with disabilities which would not otherwise have been present, those disabilities are to be regarded as damage resulting from her wrongful act and actionable accordingly at the suit of the child.

Steve Hedley
University College Cork

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