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Home / Courts / Tort/Negligence – Negligent Infliction of Sexually Transmitted Disease – Duty – Proximate Cause – Subsequent, Intervening Cause – Foreseeability – First Impression (access required)

Tort/Negligence – Negligent Infliction of Sexually Transmitted Disease – Duty – Proximate Cause – Subsequent, Intervening Cause – Foreseeability – First Impression (access required)

Carsanaro v. Colvin A person who knows, or should know, that he or she is infected with a venereal disease has the duty to abstain from sexual conduct or, at the minimum, to warn those persons with whom he or she expects to have sexual relations of his or her condition. Since a spouse is a foreseeable sexual partner, this duty is also owed to the spouse of any of the infected person’s sexual partner, if the spouse is known or should have been known to the infected person at the time of the sexual intercourse. The infected person can be liable in tort for breaching this duty.

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