Originally Posted by
kteabaker
Very interested in this so I looked it up;
the latest figures from the federal Centers for Disease Control, over 1.1 million people in the US are HIV positive and over 19 million people in the US per year are infected with a sexually transmitted disease (STD). Because HIV and STDs are mainly spread through sexual activity, new infections are generally preventable through personal choices. Because of this, many states have passed laws requiring persons who are HIV positive or have an STD to either refrain from sex or to inform their partners prior to sexual activity.
Some have argued that by engaging in consensual sex, the plaintiff may have assumed the risk of contracting an STD, or should otherwise be barred from suing their partner for acquiring the STD. However, some courts have also held that sex can not be deemed consensual sex when one person has an STD and doesn't inform their partner of their status because the plaintiff would never have had sexual contact with the defendant if the plaintiff had known of the defendant’s condition.
The court cases regarding liability for transmitting an STD are not limited to sexual activity. In a case involving a wrestler who had herpes sores on his skin the New York Court of Appeals ruled that persons infected with herpes must avoid skin to skin contact with anyone, not just sexual partners, when they have an outbreak
Though most states allow a person who contracted an STD to bring a court action against the responsible party, there is no nationwide rule about sexually transmitted diseases. Many states have criminal statutes specifically covering the negligent or intentional transmission of HIV, but only a few states have statutes specifically listing STDs. Thus, a lawsuit brought because of herpes, chlamydia, syphilis or gonorrhea is typically brought as a personal injury action