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Full-Text Articles in Law
Fundamental Protection Of A Fundamental Right: Full Recovery Of Child-Rearing Damages For Wrongful Pregnancy, Patricia Baugher
Fundamental Protection Of A Fundamental Right: Full Recovery Of Child-Rearing Damages For Wrongful Pregnancy, Patricia Baugher
Washington Law Review
The U. S. Constitution and Washington statutes protect the right to choose not to have a child as a fundamental right. When a healthy child is born after contraceptive methods fail due to physician negligence, parents can sue on a "wrongful pregnancy" cause of action. In all jurisdictions recognizing wrongful pregnancy, parents may recover damages for medical expenses associated with pregnancy and childbirth. A controversy exists, however, concerning whether parents may recover the ordinary expenses of child rearing. While some states allow full recovery of these expenses, and other states allow recovery of the economic expense offset by the emotional …
Mail-Order Gun Kits And Fingerprint-Resistant Pistols: Why Washington Courts Should Impose A Duty On Gun Manufacturers To Market Firearms Responsibly, Amy Edwards
Washington Law Review
Plaintiffs have historically been unsuccessful in suing gun manufacturers for injuries inflicted by the criminal acts of third parties. Until recently, with one exception, courts uniformly found no basis for liability under either strict liability or general negligence claims. In three recent cases, however, courts have imposed a duty under negligent-marketing theories. These theories have yet to be tested in Washington. This Comment examines the potential viability of a lawsuit by victims of gun violence against gun manufacturers for negligent marketing in Washington. It ultimately concludes that Washington courts can and should impose a duty on gun manufacturers to refrain …