NCJ Number
109008
Journal
Marquette Law Review Volume: 70 Issue: 1 Dated: (Fall 1986) Pages: 55-87
Date Published
1986
Length
33 pages
Annotation
This article discusses (1) whether, under Wisconsin law, a person suffering from acquired immune deficiency syndrome (AIDS) can sue and recover damages from another who knowingly infected him or her with the AIDS virus, (2) what the employment rights of an AIDS victim in Wisconsin are, and (3) under what circumstances an AIDS victim should be able to acquire health or life insurance in Wisconsin.
Abstract
The article discusses Wisconsin case law and statutes and the possible outcomes of an AIDS victim's suit in tort against one who knowingly spread the contagion to him. Tort theories of negligence, misrepresentation, and battery are explored. Also discussed are the right to privacy as a defense in cases alleging sexual tort liability and the Wisconsin Fair Employment Act. It is argued that the act's provisions could be applied to the employment rights of an AIDS victim or an AIDS related complex (ARC) victim, provided that AIDS is defined as a handicap and that it can be proved that an employer discriminated against the AIDS victim on the basis of that handicap. The article discusses the Wisconsin statute prohibiting insurance companies from administering or inquiring about the results of an AIDS antibody test. The Wisconsin Legislature, it is argued, should allow the insurance industry to implement antibody screening tests in assessing risks. 186 footnotes.