In the following interspousal tort case, the Wife attempted to state a cause of action against the Husband for negligent infliction of a sexually transmitted disease, in this case HPV. The complaint is dismissed on two grounds, but the court finds that the cause of action is generally viable, although there must be allegations that include actual knowledge of the defendant having the disease, as opposed to generalized claims of engaging in high-risk sexual activity. Only a defendant with actual knowledge that he or she has HPV should be subject to liability in negligence for its transmission.
Read More: Kohl-v-Kohl