Legal Question in Disability Law in California

If a mother abuses of illegal drugs while she is pregnant with a son and causes him mental defects upon being born, then can the son get out of being imprisoned when commiting a crime because of the M'Naughten Rule? Could he sue his mother for causing this mental disease? Could the plaintiff of the crime the son commited sue the mother for causing her son this mental disease which led to him commiting the crime?


Asked on 9/23/09, 2:07 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

He'll learn the answer to that 'capacity' defense at the end of trial in the jury verdict. A juvenile and parents can be sued for injuries the juvenile committed. A juvenile can sue parents for damage done him, but such claims as this one would be tough To convince an attorney to take a case, any plaintiff wanting to sue must show the case has merit [provable claims], value [substantial provable damages], and collectability [defendant with insurance or assets].

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Answered on 9/23/09, 5:29 pm


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