Pennsylvania Statutes
§ 8306 — Defense against claim for injury sustained in utero barred
Pennsylvania·Title 42 JUDICIARY AND JUDICIAL PROCEDURE·Part PART VII·Ch. 83 PARTICULAR RIGHTS AND IMMUNITIES·Subch. RIGHTS OF ACTION
Where a person has, by reason of the wrongful act or negligence of another, sustained injury while in utero, it shall not be a defense to any action brought to recover damages for the injury, or a factor in mitigation of damages, that the person could or should have been aborted.
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Pennsylvania § 8306 (Defense against claim for injury sustained in utero barred) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
(Apr. 13, 1988, P.L.336, No.47, eff. imd.) 1988 Amendment.Act 47 added section 8306. Section 7 of Act 47 provided that section 8306 shall not apply to any case in which a final award of damages has been made and with regard to which the time to take an appeal has expired without an appeal being taken. Section 8 of Act 47 provided that, except as provided in section 2 of Act 47, which added section 8306, section 8306 shall have retroactive effect, including application to any case pending or on appeal.