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Tort Liability for the Transmission of the AIDS Virus: Damages for Fear of AIDS and Prospective AIDS

NCJ Number
118229
Journal
Washington and Lee Law Review Volume: 45 Issue: 1 Dated: (Winter 1988) Pages: 185-211
Author(s)
J P Darby
Date Published
1988
Length
27 pages
Annotation
This analysis of legal issues related to HIV transmission concludes that the liability principles established in relation to exposing a plaintiff to a carcinogen should be applicable to cases involving HIV transmission.
Abstract
Carcinogens and HIV both cause painful, deadly, and incurable diseases that may not appear for a long time after exposure. Courts allow plaintiffs suing for exposure to a carcinogen to recover damages for the plaintiff's fear of developing cancer if the plaintiff meets two requirements. The plaintiff must meet a standard of reasonable and genuine fear of cancer and must suffer physical injury from exposure to the carcinogen. Similarly, courts should allow an HIV carrier to maintain a cause of action for both past and present fear of AIDS. In addition, HIV carriers may be able to recover damages for contracting AIDS before the disease develops, depending on whether the court provides for the increased risk of disease or whether it requires the plaintiff to show that the chance of contracting the disease is more than 50 percent. Analyses of specific cases and 158 footnotes.

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