NCJ Number
113891
Journal
Cumberland Law review Volume: 18 Issue: 3 Dated: (1988) Pages: 691-722
Date Published
1988
Length
32 pages
Annotation
Litigation related to AIDS is likely to increase, although it presents several special problems.
Abstract
The lawsuits will be between both heterosexual and homosexual lovers and will seek damages for the negligent transmission of AIDS. However, the current 100 percent fatality rate for the disease means that most of these suits will be either directed at the defendant's estate or will be between the estates of both plaintiff and defendant, with the heirs receiving the damage award. In addition, the long latency periods from infection to development of antibodies and from infection to development of disease present many prove problematic for litigants, especially if both parties are dead. Even if litigation is successful, the bankruptcy of many AIDS victims may leave no source for collection of a damage award other than life insurance. As insurance companies try to screen policyholders, the pool of resources for damages may decrease further. Despite these problems, it is reasonable for courts to help deter the transmission of AIDS by imposing a duty of reasonable care upon at-risk sexually active individuals and by requiring them to pay damages to their victims if they fail in this duty. 212 footnotes.