Can a child maintain a personal injury claim once they are born?
California, United States of America
The following excerpt is from Cheyanna M. v. A.C. Nielsen Co., 66 Cal.App.4th 855, 78 Cal.Rptr.2d 335 (Cal. App. 1998):
[66 Cal.App.4th 872] In Scott v. McPheeters (1939) 33 Cal.App.2d 629, 92 P.2d 678, the court was faced with the question of whether a child, once born, can maintain an action for personal injuries sustained in utero. In recognizing such a claim, the court discussed the "interests" protected by section 43.1:
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