When are fetuses owed a duty of care?

In the context of tort law, the duty of care owed to a fetus is recognized primarily based on the concept of viability. Viability refers to the point at which a fetus is capable of surviving outside of the mother's womb, which typically occurs around 24 weeks of gestation, although this can vary.

When a fetus is viable, it is considered to have the capacity to suffer injury and, therefore, can be the subject of claims for negligence if it is injured due to the actions or omissions of another party. This acknowledgment of a duty of care reflects the importance of protecting potential life and recognizing the interests of the fetus as a separate entity when it reaches this critical stage of development.

Your answer highlights that the legal system recognizes the fetus's rights and interests specifically when it has reached viability, which is key in establishing liability. In contrast, the other options do not appropriately identify the conditions under which a duty of care is owed to a fetus. For instance, suggesting that a duty exists only at birth overlooks the legal standing accorded to viable fetuses, while claiming that every injury to a mother automatically implies a duty of care towards the fetus does not take into account the specific circumstances of viability. Furthermore, asserting that a duty exists only if