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SB 1284

Civil Liability for the Wrongful Death of an Unborn Child

2025 Regular Session Introduced by Colleen Burton and 1 co-sponsor

Florida bill establishing civil wrongful death liability for unborn children, allowing parents to sue for damages—died in committee after mixed votes.

Died in Rules
#torts
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Bill Summary · SB 1284

Legislative bill overview

SB 1284 would establish civil liability allowing parents to sue for damages in cases of wrongful death of an unborn child in Florida. The bill extends tort law remedies to pregnancies, creating a legal pathway for compensation when an unborn child dies due to another party's negligence or wrongful conduct.

Why is this important

This legislation directly impacts tort law and personal injury remedies in Florida, potentially increasing liability exposure for individuals and entities. It also intersects with ongoing national debates about fetal personhood and legal status, as establishing wrongful death claims for unborn children represents a significant shift in how Florida law recognizes fetal interests.

Potential points of contention

  • Defining personhood and legal status: The bill must establish at what point of pregnancy a fetus gains legal standing, creating conflicts with existing abortion law and constitutional questions about fetal rights
  • Expanded liability and insurance costs: Healthcare providers, manufacturers, and individuals could face new categories of lawsuits, potentially increasing insurance premiums and defensive medicine practices
  • Conflicts with reproductive autonomy: Critics argue this elevates fetal interests in ways that could restrict pregnant individuals' medical decision-making and autonomy over their own bodies

Compiled from official sources — confirm details with the bill’s official record.

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