When it comes to negligent injuries, thoughts typically turn to slip and fall incidents or being hurt in an automobile accident. Another injury that is considered a negligent personal injury is infecting someone with a sexually transmitted disease. If this is done purposely to a partner, it can be prosecuted in a court of law and the consequences can be severe. The following are some factors that will constitute a personal injury with an STD:
A Negligent Act
Negligence is defined as causing harm to another person in a reckless or deliberate manner. In order to be considered negligent, the prosecution would have to prove that the defendant did not take adequate and reasonable measures to protect the injured party.
In an STD case, the infected person must demonstrate a duty to ensure that the disease is not spread or hidden from his or her partner in any way in order to have a chance at winning the case. Only using protection, such as condoms may not be enough of a defense in a negligent STD transmission.
A Case of Battery
STD cases can also be constituted as battery. Battery occurs when one person is intentionally causing harm to anther. Battery cases may not only be dealt with civilly but can also carry criminal charges as well.
Intentionally spreading an STD to a partner is committing battery against that person. If proven guilty, the person who infected another can be held civilly responsible and required to pay for all medical care and damages incurred by the injured party. It is also likely to have to pay pain and suffering as well.
Criminal charges can also be filed, particularly if the disease is life threatening. If one is convicted of intentionally spreading an STD, it can be punishable with prison, hefty fines, probation, and possibly being forced to register as a sex offender.
One thing that should be kept in mind is the laws in each state are different. State laws will vary, though intentional spread of sexually transmitted disease to others can result in major legal problems in all cases. In order to avoid any battery or negligence personal injury cases, it is crucial that any infected person is upfront about his or her status.
However, it is important to be aware that if transmission does occur, even after having been up front about the status, the injured person can still bring suit. The key is to know who the partner is and have a very solid, understanding relationship before moving forward in such a serious manner.
To learn more about your case options, contact a personal injury attorney.
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