The Civil Liability of Ill Persons with Contagious Diseases

Message:
Abstract:
The goal of civil liability is to protect the injured persons and compensates all loss. But in some cases, the injured person is also the one who causes damage himself. An ill person with contagious disease is a sample of injured ones who should compensate the loss if he transmits his illness and damages others. For this, the law determines duties for theses ill people who are aware of their illnesses. Some of the mentioned duties are care for the safety of others and preventing from others losses, announcing the disease to whom are related to him and carrying out the cautious affairs to avoid dangers. The protection of human safety is as important that sometimes the responsibility of transmitting diseases are being involved the generous persons and mothers. For instance, carelessness of mothers to do pregnancy tests and injecting the necessary vaccines before pregnancy causes responsibility for them. Blood donation by someone with contagious disease who is aware of his disease is accompanied the responsibility of the donor and the intention of charity does not make him be protected. From the other side, the responsibility that originates from transmitting diseases is not included ones who are aware of their diseases but those who are not aware. Therefore the responsibility of unaware ill persons can be proved by the principles of damaging and causation.
Language:
Persian
Published:
نشریه آموزه های فقه مدنی, Volume:6 Issue: 10, 2015
Page:
31
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