ukcoalition.org
*Home>>>HIV Infection

Does anyone know of any case law re: STD transmission?


SO far, I've read one case wherein a woman successfully sued her boyfriend for giving her Herpes, because he knew he had it and had unprotected sex with her anyway.

Does anyone know of any cases where the defendant didn't have specific knowledge of their infection with an STD, but SHOULD HAVE KNOWN (as a reasonable person in same or similar circumstances would), for example: because they were extremely promiscuous and had a lot of casual, unsafe sex?

I've heard that one can sue for transmission of HIV in California, as well.

I would appreciate any and all real information.

To answer your question briefly: No. But I've included some references to various cases that settled. "The should have known" is hard. Still check these out. there's and article at the bottom that lists a bunch of attorneys who have no doubt reaserched the issue. I'd call them. Attorneys ans their paralegals love to talk about thier cases. Good luck.

As I dimly recall there was a California case where consensual sex was deemed equvalant to sports and therefore homeowner's insurance could be found to be liable to pay off when an invitee caught herpes from the insured host. (Sorry I can't remember a site) I don't recall a "should have known. I'm pretty sure the host "knew."

Here's a NY Times article supporting the proposition for knowing transmission.

http://topics.nytimes.com/top/reference/...
Homeowner's Policy Pays Herpes Victim
AP
A woman who said that her lover was negligent by transmitting genital herpes to her has received a $25,000 out-of-court settlement under his homeowner's insurance policy. The couple's relationship was consensual, but the woman did not consent to being with someone who had the contagious disease, Stewart Perry, the lawyer for the unidentified woman from the Twin Cities area, said Tuesday.
Homeowner's Policy Pays Herpes Victim

I'm sure you know this, but you will have a rough time with "Should have known"

I'd try and find a law student since they all get free Westlaw and that's going to be your best bet to ferret it out.

I think the CA case involved the Comidian Robin Williams (but it was a long time ago :( He settled, You can google it.

Check out this article below. It's not encouraging, but it lists a bunch of attorneys who have tried these types of cases. You might give them a call. They have probably done lots of research.

http://www.medicinenet.com/script/main/a...

The medicine net article above lays out some interesting aspects of these types of suits in surprising detail. It might give you ideas.

I am not a lawyer. Only licensed lawyers can give legal advise.

just go to the damn doctor already! I am pretty sure you were there for the sex too, so if you don't vet your partners to your satisfaction before sleeping with them, whose fault is that? you certainly had every opportunity to do just that, and to do it well.

Tags
  HIV Vaccine   HIV Prevention   HIV Positive   HIV Virus   HIV Transmission   HIV Treatment   HIV Infection   HIV Symptoms   HIV Test
Related information
  • Please help i need advice!!?

    I feel bad for you! I wouldnt know what to do either?? I guess if he's worth it just be safe and use a condom. Good luck and I hope everything turns out OK!

    ...
  • ON THE VERGE OF A BREAKDOWN. Herpes question!!!?

    I would think that you are fine and that you are mentally causing the problems that you are having. The only question that I have is "how long after you had sex for the first time did you go ...

  • How do creationists scientifically refute endogenous retroviral insertions?

    but but WHY ARE THERE STILL MONKEYS???

    ...
  • I need help with my biology assignment.?

    A D D B D (TMV is an RNA virus) A

    ...
  • Dangers to your body from anal sex?

    You can have all what you have described as dangers by having sex in the vaginal, too. Care and protection are the cardinal of safe sex, and it does not matter where you get into; provided it is d...

  • Why is it not big news that hospital born infections now kill an est. 90,000 per year.?

    get ... a ... CLUE. then go get a life. Hospitals are places where we concentrate the sick and contagious. Why the hell are you surprised that nosocomial infections happen??? Guess what! the ...

  • I know I am losing it; but help if you can?

    You're fine & freaking over nothing. I'm glad you've identified your real problem (OCD) My boyfriend also is OCD and getting help for that will resolve all the other issues

  • Why can't AIDS be cured by antibiotics?

    The HIV virus is a VIRUS. Antobiotics don't work on viruses.

    ...
  •  

    Categories--Copyright/IP Policy--Contact Webmaster