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A (not so) hypothetical
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Real story.
Person A has a car insured by company X.
Person B has sex in Person A's car.
Unbeknownst to Person B, Person A has an STD, and gives it to Person B.
Who, if anyone, is liable? Who should be liable? |
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"I'm going with person A (I previously misread the scenario)"
Under English and Welsh criminal law (which this did not happen under), the case law potentially supports that conclusion.
Although this happened in the US, so, different. |
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By (user no longer on site)
over a year ago
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Not only did they manage to sue the insurance company, wasn’t it for millions of dollars!?!
To answer your question, I’d say it’s up to the individual to make sure they are adequately protected - as much as I don’t like insurance companies (in so far as they often try to wriggle out of paying legitimate claims) the fact that they were deemed liable is a farce (in my rudimentary legal expertise) |
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By *etcplCouple
over a year ago
Gapping Fanny |
"Real story.
Person A has a car insured by company X.
Person B has sex in Person A's car.
Unbeknownst to Person B, Person A has an STD, and gives it to Person B.
Who, if anyone, is liable? Who should be liable?"
Company X is currently liable
Honestly, person B should have known he was a filthy diseases riddled skank because he wanted to bone in a car and not a cheap motel so its her fault  |
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"I'm going with person A (I previously misread the scenario)
Under English and Welsh criminal law (which this did not happen under), the case law potentially supports that conclusion.
Although this happened in the US, so, different."
Yeah well, I guess they will have to set a precident |
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"Not only did they manage to sue the insurance company, wasn’t it for millions of dollars!?!
To answer your question, I’d say it’s up to the individual to make sure they are adequately protected - as much as I don’t like insurance companies (in so far as they often try to wriggle out of paying legitimate claims) the fact that they were deemed liable is a farce (in my rudimentary legal expertise)"
I believe in this case the infector knew they had the disease and didn't inform the infectee. |
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By (user no longer on site)
over a year ago
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If person A knew they had an infection and failed to inform B or use a condom they could potentially be liable for actual bodily harm. People with HIV and aware who have had unprotected sex with others and passed on the infection have been prosecuted, the same could apply here. - I can't see that it would have anything to do with the insurance company unless there was an RTA at the time,.
If person A was unaware of infection then B is equally liable for being reckless and having unprotected sex. In which case it is a 'shit happens' scenario and be more careful in future.
But as this happened in the USA someone will always be looking for a payout, fart in a lift and you might get sued |
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"If person A knew they had an infection and failed to inform B or use a condom they could potentially be liable for actual bodily harm. People with HIV and aware who have had unprotected sex with others and passed on the infection have been prosecuted, the same could apply here. - I can't see that it would have anything to do with the insurance company unless there was an RTA at the time,.
If person A was unaware of infection then B is equally liable for being reckless and having unprotected sex. In which case it is a 'shit happens' scenario and be more careful in future.
But as this happened in the USA someone will always be looking for a payout, fart in a lift and you might get sued"
Yes, I alluded to the potential for ABH liability above - I once encountered a case where it extended to another STD, although I'm not sure how I feel about that. There is certainly something to be said for HIV being a special case. |
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By (user no longer on site)
over a year ago
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"It’s the us you can get suited for looking at someone so not supriced
I dunno. The libel laws in England are pretty ridiculous  "
True but I have heard off some real odd suits comeing out off the us |
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"It’s the us you can get suited for looking at someone so not supriced
I dunno. The libel laws in England are pretty ridiculous
True but I have heard off some real odd suits comeing out off the us "
Their media laws are different - more protection of privacy in the UK generally |
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By (user no longer on site)
over a year ago
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"It’s the us you can get suited for looking at someone so not supriced
I dunno. The libel laws in England are pretty ridiculous
True but I have heard off some real odd suits comeing out off the us
Their media laws are different - more protection of privacy in the UK generally"
Yes they are that |
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I learned of the legal decision pn this, a day or so ago and didn't get around to raising it here.
I'm not a fan of the actual insurance company and feel it's the right decision that they pay up, for their claimant's clap. |
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