ABSTRACT

A wrongful life suit is an unusual civil suit brought by a child who seeks damages for burdens he suffers that result from his creation. Typically, the child charges that he has been born into an unwanted or miserable life. These suits offer the prospect of financial relief for some disabled or neglected children and have some theoretical advantages over alternative causes of action. This chapter begins by the assumption that it is possible that being created can benefit a person in part, or overall, should her life be sufficiently worth living, and that it is also possible that being created can harm a person. Joel Feinberg has argued for precluding liability on the following grounds. Assessing liability for the imposed burdens of this child’s life would be like “holding a rescuer liable for injuries he caused an endangered person.” The rescuer may have to cause some injuries to save the endangered person.