By Shaun Murphy
How Is California Tort Law Special?
California’s sex tort law is unique in the following ways: the tort action can be successful if the defendant knew or should have known that they had herpes and still engaged in unprotected sex then they can be liable. It is not illegal for a person to keep their sexual activity private, regardless if it’s high-risk or not and regardless of if it’s their spouse they are hiding the information from.
In Marital torts, a spouse is allowed to sue their spouse for giving them a sexually transmitted disease. If you need tort law advice, contact our experienced Coachella valley personal injury legal counsel.
California Torts And Other Provisions
- The California tort claims act allows a person to sue for tort action if they pursue the claim via written documentation within 6 months of the alleged damage.
- The Medical Injury Compensation Reform Act places limitations on the amount of money a victim can recover for medical injuries. Damages for pain and suffering can be payable up to $250,000.
- California has a provision called reckless misconduct, and this is intentional negligence for the rights or safety of others. This position most often allows for a higher monetary recovery amount than a standard claim.
- California has adopted comparative negligence, in which a jury could divide the blame between the parties based on their actions in the situation. In this case, a person who is mostly responsible for the situation can still recover damages.
If you want to discuss your potential case and California laws and provisions, contact one of our experienced Coachella Valley personal injury legal counsel attorneys.
Sex Torts Attorneys of SBEMP
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.