New York law allows infant plaintiffs to bring personal injury claims for injuries sustained in utero as long as the infant is born alive, a state appeals court has ruled. New York City, the defendant in the suit, had argued that an infant plaintiff could not sue for an in utero injury unless the child would have been able to live outside the womb at the time of the injury. The appellate court rejected that contention and reversed a ruling that dismissed the suit of a child born three months early.
February 27, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
New York law allows infant plaintiffs to bring personal injury claims for injuries sustained in utero as long as the infant is born alive, an appeals court in Brooklyn ruled last week.
New York City, the defendant in the suit, had argued that an infant plaintiff could not sue for an in utero injury unless the child would have been able to live outside the womb at the time of the injury.
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