Product Liability Applies To Sperm Says Judge

Sorry we just couldn’t resist this story..

We’ve had a good week for completely bizarre stories. The Indonesian serial killer who’s released his own album, a suspect who died in police custody in China this week.. cause of death  "a bad dream". Don’t blame us. The South China Morning Post reported it, not us.

And now

Product liability law applies to sperm: US judge rules

Law.com reports on a US federal court judge who has determined that a sperm bank may be sued under New York’s product liability laws. The judge was hearing a motion to dismiss the case of a 13 year-old mentally handicapped girl who is suing a New York sperm bank on the basis that the sperm that helped create her had a genetic defect which caused her handicap. According to Judge Thomas N. O’Neill "Under New York law, the sale of sperm is considered a product, subject to strict liability." As a result, the girl’s lawsuit may proceed.

But for the (defective) sperm, she wouldn’t exist at all, so what exactly would be the appropriate remedy? 

No, this is not a late April Fool’s joke.