Question

Hegyes was driving her car when it was negligently struck by a Unjian Enterprises truck. She was injured, and an implant was placed in her body to counteract the injuries. She sued Unjian, and the case was settled. Two years later Hegyes became pregnant. The growing fetus pressed against the implant, making it necessary for her doctor to deliver the child 51 days prematurely by Cesarean section. Because of its premature birth, the child had a breathing handicap. Suit was brought against Unjian Enterprises for the harm sustained by the child. Was the defendant liable?

Answer 1

Answer:

No

Explanation:

The time passed between the birth and the accidents has been around 2 years. This will create a speculation that There are a lot of other possibilities that can make the fetus pressed against the implants.

In the end, the court would not be able to proof without reasonable doubt that the accident was the one that actually did it (Even though there is still a high likelihood,  We can't prosecute someone unless we can proof it without reasonable doubt)