Tort Liability (From AIDS Cases and Materials, P 741-812, 1989, Michael L. Closen, Donald H. J. Hermann, et al. -- See NCJ-126507)

• NCJ Number: 126518
• Author(s): D H J Hermann
• Date Published: 1989
• Length: 64 pages
• Sale Source: John Marshall Publishing Co
• Publication Type: Best Practice/State-of-the-Art Review
• Language: English
• Country: United States of America

Annotation

Tort law is the mechanism society uses to discourage individuals from subjecting others to unreasonable risks and to compensate those who have been injured by unreasonable behavior.

Abstract

The AIDS epidemic is producing and will continue to produce significant tort litigation. The initial litigation has involved allegations of liability against hospitals, blood banks, and others associated with provision of HIV-infected blood. The blood cases have drawn heavily on earlier litigation involving hepatitis infected blood. Other areas of litigation which are developed will no doubt draw on analogies to other areas of law. Various doctrinal grounds of liability are explored in relation to some of the principal means of transmission including transmission related to receipt of HIV-infected blood and blood products. The basis for litigation involving the birth of infants infected with HIV is examined. An overview of liability based on transmission related to sexual activity and needle sharing are provided. Finally, the availability of defamation and privacy law to persons who feel aggrieved about allegations or publication of their AIDS or HIV status is considered.