HIV Transmission and Sue

[Racoon]

Heres an interesting Article excerpt, and the ramifications can be potentially extreme; both physically and financially.

 

This sets quite a precident. Is this right? should you be able to sue for damages for HIV transmission? considering sexual consent and adult behavior?

What sort of legality will follow for HPV and other sexually transmitted disease ?

 

Is this society getting so litigated its becoming absolutely ridiculous?

But at the same time, wouldn't a transmission of AIDS/HIV just be devastating? and a need for recompense and retribution be justified??

 

From the article:

 

RAWSTORY.com

Published: Tuesday July 4, 2006

 

The California Supreme Court has ruled that those infected with HIV can sue sexual partners who gave them the disease--even if the partner did not know they had HIV at the time--according to today's New York Times.

 

Bridget B. and John B., as they are known in court papers, started dating in 1998 and married in July 2000. Bridget said that John told her he was healthy and monogamous and that he urged her to have unprotected sex with him. In October 2000, though, she tested positive for H.I.V., the virus that causes AIDS, as did he.

 

Bridget later learned, her lawsuit says, that John had had sex with men before and during their marriage. She seeks compensation for what she says was John's infliction of emotional distress and fraud.

 

In his own court papers, John responded that he had tested negative for H.I.V. in August 2000 and that in fact Bridget had infected him.

 

"The burden of a duty of care on defendants who know or have reason to know of their H.I.V. infection is minimal, and the consequences for the community would be salutary," Justice Marvin R. Baxter wrote for the four-justice majority.

[Freddy]

From the article,

 

"Bridget later learned, her lawsuit says, that John had had sex with men before and during their marriage. She seeks compensation for what she says was John's infliction of emotional distress and fraud."

 

If the above is true and she was not told of it, then he deceived her and she should have the right sue the cheating ***.

[InfiniteNow]

If the right to sue for such damages was permitted, how does one put accurate monetary value on anther individual's health?

 

Ladies and gentlemen of the jury, I do hereby seek $1M in damages because I was too damn stupid to recognize my own responsibility in my sexual relations and failed to take proper precautions. While I aware of the possibilities of STDs, the data of how condom usage can lower my risk, and how getting tested with my partner can also provide more useful information to prevent such issues, however, despite all of this, I would like you to award me and my family a large sum of cash so we can live more comfortably for the rest of our lives.

 

I just want justice, ladies and gentlemen of the jury... justice.

[pgrmdave]

I can understand being able to sue if you can prove that the person did what they did with the purpose of infecting you with an std. Without that intent, it's just plain bad luck.

[Michaelangelica]

This sets quite a precedent. Is this right? should you be able to sue for damages for HIV transmission?

The person who knows they have HIV/AIDS should be able to be charged with manslaughter

I am sure this is the case in Australia.

 

I am Gob-smacked by Catholic Bishops/Cardinals debating the issue of weather it is OK , or not, for a married man who has AIDs to wear a condom, or not, when having sex with his wife

 

Head-shakinly insane. Isn't it a no-brainier????