Here is the scenario. You are at a school as a student. You go to the restroom which as been used by a person who has contracted certain STDs. Without a care for the seat to be clean, they leave it. Later, you, completely unknowning use the seat.
Two weeks, you test positive at a annual screening for STD's. Can you in this case sue the publicly funded school for causing this to happen to you? Why or why not. Also, if were not public funded and was a private place and the same thing happened, could you sue?
2006-11-28
15:49:20
·
10 answers
·
asked by
Anonymous
in
Politics & Government
➔ Law & Ethics
Ok. Pretend the organization had not provide toliet seat covers. Yes. it is possible to recieve STDs from an infected person who had recently used the toliet without a cover (since none was provided) Therefore, It would be both the plaintiff's argument that they had provided what they should have and therefore it is their fault for not aquedately providing for public. Then this would expand into a lawsuit against the people who own this public organization, the government. After seeing a doctor and having an alibi for two weeks in which no sexual contact had been made with anyone, no infected person had used the toliet at the person home and that nothing else but the case from the infected toliet seat caused the STDs then the case would have sufficent evidence. In addition pretend that someone had actually tested the seat and found traces of the EXACT STD's that the plaintiff had gotten. With the new evidence and information could the lawsuit be filed?
2006-11-29
14:59:39 ·
update #1
I don't believe you can. First, it's a public bathroom, second you would have a hard time proving that is where you in fact caught the STD. You could also call a personal injury attorney and see what they think, most have a free consultation fee, so there would be no fee to you.
2006-11-28 15:52:31
·
answer #1
·
answered by Ruth B 3
·
0⤊
0⤋
In all reality the answer is NO. There are two reasons for this. First, you will have a VERY hard time proving that is how you got the STD. The only way to do so is to have the seat cultured and to have yourself cultured by a lab, and for the cultures to come back identical. With the frequency that such is cleaned, you won't get a culture at all, let alone a match. Second, you have a duty of reasonable care for yourself. You are provided with soap and sink to wash your hands, toilet paper to clean yourself (and possibly the seat!) with, and disposable towels or hand dryers to keep yourself from recontaminating. That lawsuit just won't fly. You could try....but you would not get very far at all.
2006-11-28 16:11:33
·
answer #2
·
answered by cyanne2ak 7
·
0⤊
0⤋
I would say no, because 1) you can't prove you got the STD from the toilet seat. And 2) there was nothing negligent done. It is common knowledge to use a barrier (the toilet paper seat thingys) or to "hover" on toilet seats. A reasonable person would use the toilet, even though something like 25% of the adult american population has some sort of STD. So if you were a reasonable person and used a toilet seat, and the STD carrier was a reasonable person and used the toilet seat, and it is unreasonable to expect the school janitor to clean the toilet in between each use, and there were no laws broken, then there is no legal claim of wrongdoing.
2006-11-28 15:55:01
·
answer #3
·
answered by dasielady 2
·
0⤊
0⤋
Anyone can sue anyone for anything at any time. The PLAINTIFF, or party bringing the suit to court has the BURDEN OF PROOF. In other words, when suing someone, the SUER (or Plaintiff) must show that the actions of the DEFENDANT were done in a harmful or hurtful manner. In this case, you must be able to prove to the Court that the establishment owning the facility (in your case a school), was negligent and therefore at fault.
Good luck.
2006-11-28 15:57:37
·
answer #4
·
answered by Len_NJ 3
·
0⤊
0⤋
Let me ask you: How is the school responsible ?
Do they provide seat covers ?
Do they provide toilet paper ( so you can line the seat ? )
I would wish that people would realize that they should take responsibilities for their own actions.
I wish some people would not blame the consequences of THEIR actions on schools.
I would love to see you prove intent or neglect on the part of the school.
2006-11-28 16:42:50
·
answer #5
·
answered by caciansf 4
·
0⤊
0⤋
there is not any legalities of the flexibility of a foodstuff merchandise must be to be served. This eating position might want to have a business corporation coverage about it. What would you sue them for in any case? You ingested the foodstuff on your human being. You sue for losses and damages... What the position your losses and what were your damages? From what you assert you had none.
2016-11-29 22:10:00
·
answer #6
·
answered by ? 4
·
0⤊
0⤋
Americans are too over concerned about suing everyone for everything..
You could have been proactive yourself and bring along little alcoholic wet wipes and wipe down all public toilet seats prior to sitting on them.. (I know I sure do) I will not sit on a seat without. either that, or I line the whole thing with toilet paper... .. Otherwise, I just hold it in till I get home...
2006-11-28 15:53:31
·
answer #7
·
answered by Mintee 7
·
0⤊
0⤋
No U can't because U can't get No STD from a Toliet Seat no way lol
2006-11-28 15:59:12
·
answer #8
·
answered by sugarbdp1 6
·
0⤊
0⤋
Nope. you have to prove that he/she did it.
all the defendant would state is that yourae using a public restroom. prone to getting dirty from any person who uses it. and that the responsibility is on your part to use some type of protection (ie seat cover) or clean it yourself prior to use
Its already a public knowledge to assume that restrooms that are used by 100's of people isn't going to be completely safe to use. so your due diligence to prevent yourself from catachin unknown diseases is on your part.
2006-11-28 15:52:05
·
answer #9
·
answered by arus.geo 7
·
0⤊
0⤋
I would advise that should explore the issue at the law search engine
www.LawSolver.com
Using LawSolver, you can explore any legal-related question and immediately find free attorney responses. Free attorney answers to similar inquiries:
(1) "can I sue"
(2) "can you sign away your right to sue someone in a liabilety case"
(3) "Do I have a case to sue my father? - Avvo"
(4) "Do I have a valid case and if so what can I sue for?"
(5) "Do I have a case, or can I counter sue? - Avvo"
Plus, articles and resources:
(1) "Where do I sue if the case arose in an airplane? - Nolo"
(2) "When Should You Sue? | Nolo"
(3) "Can I Sue? - Avvo"
2014-12-26 02:16:39
·
answer #10
·
answered by Injury Law Help 1
·
0⤊
0⤋