Mother is suing a man for giving her daughter HIV, does she have the right to sue him?

A mother in my area is suing a 30 year old man for giving her 5 year old daughter HIV.

6 months ago, during a walk both mother and daughter was standing behind this man behind a crossing waiting for the lights to change. The man then decided to turn his neck and spit, it landed in the little girls mouth. He claims he didn't know someone was behind him despite her singing nursery rhymes to her mother.

Obviously the mother kicked off at the man but instead of apologising, the man just walked off in the opposite direction.

After testing it was revealed that the girl had HIV. The mother and the father the girl have been tested, they were clear. The mother called the police to find the man who spat, found him, had him tested, reveals he had HIV too.

He is currently claiming not guilty. Do you think the mother suing the man is a bit too far?
Or would you do the same if this happened to your child?


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Most Helpful Guy

  • I also think it depends on whether he knew about his HIV infection or not. Of course you also shouldn't spit if you're healthy (or believe to be healthy) but the situation is still very different. If you believe to be healthy and you spit, this amounts to an act of public indecency. Your intentions are not to commit a crime. You're also not being careless and taking the risk of something very bad happening. You're simply being rude and the HIV infection of the daughter is a tragic accident. Not apologizing is also rude but it is not illegal to walk away without giving an apology.

    If however, the guy did know about his HIV infection, the picture looks very different. In this case, the court would first have to prove that he knew about it. This can already be pretty difficult. If the court can prove it, the next step would be to find out whether he did it on purpose or whether he was simply being an idiot he took the risk of infecting somebody. Proving that he did it on purpose will be extremely hard... probably almost impossible. But even if he didn't do it on purpose and simply out of carelessness, this can amount to a serious punishment and it should be punished. I don't know about America but in my country, infecting somebody with HIV is classified as aggravated assault. If somebody does it out of carelessness, he/she can be punished with a prison sentence of up to 3 years. If he/she does it on purpose, the prison sentence can go up to 10 years. So yes, I believe it should be punished in that case.

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    • It would be in his medical records if he has been tested in the recent past and been told he was HIV positive.

    • That's true. But I'm not sure if that would be enough to prove that he knew about it. I mean... he could still claim that he was never told or he never received the results...

    • Say he was told but claiming he wasn't.
      All they would have to do is bring the doctor responsible for the tests to testify that he was indeed told he had HIV.

Most Helpful Girl

  • It was accidental.

    However, he drastically changed a young girl's life.
    Although HIV isn't a death sentence like it was before, it will permanently alter that young girl's life.
    Even with all the great medications out there, HIV still turns into AIDS but just as a much slower rate.

    It's like me shooting a gun into the air for the 4th of July.
    If that bullet hits someone... I am still responsible.

    If I had a needle and I threw it in mid air, and it poked someone in the arm.
    I'm still responsible for injuring them.

    It's very unfortunate, but she has every right to sue him.

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What Guys Said 17

  • i don't really know what the precedent would be that would win them the case. the guy obviously didn't try to give the girl HIV.

    i know there is such stuff as involuntary manslaughter when someone kills someone unintentionally i don't know what the law would be governing this though.

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  • No. That's not too far. He definitely did it on purpose, no question about it. He was annoyed that they were singing or something and decided to be a dick and spit at them "by accident." The thing is, transmission of HIV is extremely rare as there is only about one particle infected particle per milliliter of saliva and the person who was infected must have sores or cuts in their mouth, which would allow it into the bloodstream. So, even if he was the reason she got HIV, the case would probably be inconclusive due to lack of evidence.

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  • That seems a litttttttle bit far fetched, though not impossible.
    If it's true, then it's horrible and I don't blame the mother at all, but the whole thing sounds too strange for me to really believe.

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    • Nothing is impossible. Rare maybe but not impossible.

      Weird things happen everyday. I'm sure there's something that has happened in your life that probably sound far-fetched when told to other people.

    • ... As I said...

  • It depends if the guy knew he was hiv positive. If it can be proven he knew, like there is evidence of being tested previously, then he should have taken more care. I think in this case, she does have the right to sue, and could possibly win. I'm not sure what she'll gain, though.

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    • If he knew he was HIV positive or not, he shouldn't spat whether he knew the little girl was behind him or not. And he should have apologized instead of rudely walking off.

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    • If it were my daughter I would have stopped him from walking off and say "I think you owe my daughter an apology!"

    • It's more than an apology that's needed!

  • If this is in America this might actually be a legit case.

    And boys and girls, what did we learn today?
    Be careful when you spit! In fact try to not spit at all in public places unless you really have to !

    I got a spitting habit when I was small, because my elevator could run with the doors open, and I would spit at a little "target" I had on every floor. And before I knew it, spitting became a habit ~
    (sorry that I went off topic)

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  • Saliva doesn't carry HIV.
    Did they even test the guy to determine if he has it?

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    • im doubting the amount of saliva he transferred is enough, but with enough saliva, STIs can be transferred from one person to another, said my health teacher in high school lol.

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    • HIVs I don't know, but STI's thats what he said XD

  • it wasn't intentional.

    it sucks the girl now has HIV

    shit happens

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  • Yes she's has that right. He shouldn't be spitting if he has HIV... doesn't matter if he didn't she was there, he shouldn't be spitting randomly, point finale

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  • Unless there was blood transfer, there is NO WAY HIV can EVER spread with saliva.

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    • HIV can be spread from other ways than blood transfer.

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    • I work with nurses and doctors with degrees. Pretty sure they know what they are talking about.

    • Those must be pretty stupid doctors and nurses. HIV CAN spread by other means but there has not been ANY evidence that it has happened because of factors that prevent it's spread. For example, it is "possible" to spread HIV with saliva but it is known that Saliva contains chemicals which prevent HIV assimilation into a new host. Plus the amount of the Virus present in saliva is too little to be of any concern.

  • I'd be interested in seeing the actual story here rather than your retelling of it.

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  • Either if he did this on purpose or not I would definitely do the same I would ask the man to get her to a hospital

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    • HIV doesn't start to affect a person until 6 weeks later I believe?

  • HIV isn't spread through saliva, case closed.

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    • Sadly, it is.

    • It only is if you drink literally buckets of it, or if you have loads of cuts inside your mouth

  • that sounds crazy ohhh

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  • Yes she's gonna have a lot of medical bills

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  • There's literally no fucking possible way this is true ya asshole

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  • Why don't you ask a lawyer instead of strangers on some web site?

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  • Race of victim and perp?

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    • Does it really matter what race they were?

What Girls Said 7

  • I'd do the same as the mother.
    Piece of shit needs to be taught a lesson. You can't treat the world like a toilet and do whatever you want.

    Her daughter did nothing to deserve that and she will find the future very tough. Careers will be limited, relationships will be tough. All because this piece of scum couldn't act like a normal human being. He's ruined her life and I would ruin his too.

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  • let leave that to the courts!

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  • I don't think little bit of saliva can make someone get HIV.. there must be some other underlying reason.. but if it was really him then I'd do the worst possible to him.. suing is nothing..

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  • You can't even catch HIV in this way. But if this is true yes I think she has the right to sue the man

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  • i would have kill him right there he had just SPIT first of all and then it lands in my childs mouth mf is dead to me i will lose my shit gone out of this world AND THEN my baby turns out to get HIV from this fucker omg b b b b b b b his fucking dead OMFG OM FG this mf THIS MF GAVE THIS BABY HIV AND he's NOT GOING TO JAIL OMFG OMFG im done with bs that is fucking crime this child has to has go though something like this bc he wants SPIT kma fucker needs jail for life idgaf

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  • I'd skip the suing process and just murder him. I would have to get use to sexy shower time with Big Boo but it'd be worth. He ruined their daughters life

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  • Bollocks. You don't get it like that. You'd need a shit ton of saliva to catch it.

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