Tort law has long held individuals liable fornegligently spreading certain communicable diseases. Over time, courts have extended the cause ofaction to include various sexually transmitted infections. Currently, HPV is the most common sexually transmitted infection in the United States. Surprisingly, however, there is a dearth of case law examining HPV's transmission in a negligence context. HPV has many unique characteristics that make the virus's transmission difficult to reconcile within the negligence framework. At the core of all negligence claims resides a defendant's duty; however, HPV's characteristics make it difficult to determine when a duty should exist and raises questions as to whether courts should impose a duty to prevent transmission of the infection at all. Furthermore...
... to hold the plaintiff liable for contributory negligence despite her knowledge of rumors that a ... from contributory negligence, and that California courts have been reluctant to impose contributory-...
...Plaintiffs conceded the. contributory negligence of the pickup driver throughout the pro... where the decedents were residents of California. and the accident occurred in Utah. The only legal...
... The injury was not due to any fault or negligence of the carrier, or of any of its officers, agents,... resulting from negligence, while the California court in Smith v. Industrial Acci. Commission, 26 ... states to determine the effect of contributory negligence and assumption of risk, by enacting sta...
...Secondary issues involve negligence vs. negligence per se; duty; breach of duty; causaation; contributory vs. comparative negligence; and statistical concep...Regents of the University of California, 17 Cal.3d 425, 551 P.2d 334 (Cal. 1976).] Three f...
...The trial court's finding of negligence on the part of the United States was predicated on... Although a finding of negligence (or contributory negligence) is obviously a mixed finding of law an...1967). The parties agree that California law is applicable here. The law regarding contribu...
..., the first based upon appellees' negligence, the second based upon the unseaworthiness of the ... law: May an action predicated upon the California wrongful death statute be maintained where the sol..., in the Buckley case, 12 that contributory negligence is a defense under the statute. There t...
A restitution award against a drunk driving defendant could be reduced because of the comparative negligence of the victim, the California Court of Appeal has ruled. A jury convicted the defendant of causing bodily injury while driving under the influence. His conviction stemmed from an accident that occurred when he swerved his Ford Explorer into oncoming traffic and struck a motorcyclist.
... when the court finds the victim's contributory negligence was a substantial factor in causing his...
... Court for the Central District of California; Christina A. Snyder, District Judge, Presiding. D...D. Contributory Negligence11. Article 21 of the Warsaw Convention ...
The rule of contributory negligence met its demise this year in Missouri. The Missouri Supreme Court dispatched the doctrine in February with its holding in Children's Wish Foundation International, Inc. v. Mayer Hoffman McCann, et al., which applied comparative fault to all negligence actions in Missouri, even to professional negligence cases involving purely economic loss.
...The appellate court found that a California court lacked personal jurisdiction over the Kansas...
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