Liability Is Expanded for Negligent HIV Infection
A divided California Supreme Court ruled Monday that people who lead high-risk sexual lifestyles have good reason to know they may be infected with the virus that causes AIDS and are responsible for informing partners about possible exposure.
The 4-3 ruling in a closely watched emotional distress and fraud lawsuit by a woman who accused her ex-husband of giving her HIV on their honeymoon is the state Supreme Court’s first involving allegations of negligent HIV infection.
It makes those with “constructive knowledge” -- people who should have known by their behavior and other signs they were infected but perhaps didn’t -- legally liable for infecting others.
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