How To Prove A California Negligent Transmission of Disease Claim

 

How To Prove A California Negligent Transmission of Disease Claim

 

In California, a claim of Negligent Transmission of Disease is defined as:

Negligent transmission of disease occurs when one person carelessly or recklessly spreads a disease to another who gets the disease.

It simply means:

When one person recklessly gives a disease to another.

There are 5 elements of the claim:

  • Element 1. The defendant knew or had reason to know that he or she was infected with a sexually transmitted disease. The defendant was aware or should have been aware that they had a sexually transmitted disease, which is an important factor in determining if they acted carelessly by potentially exposing others to the infection.

    Facts that might support this element look like:

    * The defendant had previously tested positive for a sexually transmitted disease and was advised by a healthcare professional about the risks of transmission.
    * The defendant exhibited symptoms consistent with a sexually transmitted disease and failed to seek medical attention or treatment.
    * The defendant was informed by a previous sexual partner that they had tested positive for a sexually transmitted disease before engaging in sexual activity with the plaintiff.
    * The defendant had multiple sexual partners and was aware of the potential for disease transmission but did not take precautions.
    * The defendant received educational materials about sexually transmitted diseases and their transmission but chose to ignore the information.

  • Element 2. The defendant had a duty to avoid transmitting the infectious disease to another. The defendant was responsible for taking reasonable steps to prevent spreading an infectious disease to others, meaning they should have acted carefully to avoid putting anyone at risk of getting sick.

    Facts that might support this element look like:

    * The defendant was aware of their infectious status and the potential risks associated with it.
    * The defendant had access to medical advice and resources that outlined the importance of preventing disease transmission.
    * The defendant engaged in activities that posed a high risk of spreading the infectious disease to others.
    * The defendant failed to disclose their infectious status to individuals with whom they had close contact.
    * The defendant had a legal obligation to inform others of their condition to prevent harm.

  • Element 3. The defendant transmitted the disease to the plaintiff. The defendant passed the disease to the plaintiff, meaning that the plaintiff became infected because of the defendant’s actions or negligence, which is a key part of proving a claim for negligent transmission of disease.

    Facts that might support this element look like:

    * The defendant was diagnosed with the disease and was aware of their positive status prior to engaging in intimate contact with the plaintiff.
    * The defendant failed to disclose their diagnosis to the plaintiff before they engaged in any activities that could transmit the disease.
    * Medical records indicate that the plaintiff tested positive for the disease shortly after their last encounter with the defendant.
    * The defendant did not take any precautions to prevent the transmission of the disease during their interactions with the plaintiff.
    * Witnesses confirmed that the defendant had previously engaged in similar behavior with others, leading to multiple transmissions of the disease.

  • Element 4. The plaintiff was harmed. The plaintiff was harmed means that the person who is suing experienced actual injury or damage, such as getting sick, as a direct result of someone else’s careless actions in spreading a disease.

    Facts that might support this element look like:

    * The plaintiff experienced severe symptoms consistent with the disease after the alleged transmission occurred.
    * Medical records confirm that the plaintiff tested positive for the disease shortly after the interaction with the defendant.
    * The plaintiff incurred significant medical expenses as a result of treatment for the disease.
    * The plaintiff’s ability to work was adversely affected, leading to lost wages during recovery.
    * The plaintiff suffered emotional distress and anxiety related to the diagnosis and its implications.

  • Element 5. The defendant’s negligence in transmitting the disease was a substantial factor in causing the plaintiff’s harm. The defendant’s careless actions in spreading the disease played a significant role in causing the harm that the plaintiff experienced.

    Facts that might support this element look like:

    * The defendant failed to disclose their known diagnosis of the disease to the plaintiff before engaging in intimate contact.
    * The defendant did not take reasonable precautions, such as using protection, despite being aware of their infectious status.
    * Medical records indicate that the plaintiff contracted the disease shortly after their interactions with the defendant.
    * Expert testimony confirms that the disease is primarily transmitted through the type of contact the defendant had with the plaintiff.
    * The defendant had a history of similar negligent behavior, having previously transmitted the disease to another individual.

(See California Civil Jury Instructions (CACI), No. 429, 400. John B. v. Superior Court (2006) 38 Cal.4th 1177, 1188.)
If you’re in court without a lawyer and plan to assert a Claim of Negligent Transmission of Disease, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex legal landscape effectively.

Prove Your CA Negligent Transmission of Disease Claim

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