The effect of science and intention on civil liability of infectious diseases’ carrier

One of the reasons for the rapid spread of recent infectious Covid 19 in various countries including Iran is the lack of sufficient attention to health issues, safety advices and prevention principles recommended by health professionals (such as the need to pay attention to segregation and distance social laying and the use of sanitary ware such as masks and disinfectants). This carelessness leads to a greater prevalence of the disease, sometimes wisely and intentionally, and sometimes without any intention or discretion. One of the issues in investigating the individuals' responsibility for the transmission of this disease to other people in the community is to analyze the different states of transmitters in terms of the possibility of transmitting the disease to others and also in terms of their intention and authority in performing the action and in achieving the result.

This article has been written by descriptive-analytical method and using jurisprudential and legal sources.

In this article, it has been proved that for a disease’s carrier who suspects to transmission of the disease to others it can be considered a guarantee due to the probable importance (killing others) and the possibility of harm to him. Also transmission of the disease from a carrier who intends to act (even without the intention of result) is guaranteed but from a carrier who does not intend to act is non-guaranteed.