3701.81 SPREADING CONTAGION
(A) No person, knowing or having reasonable cause to believe that he
is suffering from a dangerous, contagious disease, shall knowingly fail
to take reasonable measures to prevent exposing himself to other
persons, except when seeking medical aid.
(B) No person, having charge or care of a person whom he knows or has
reasonable cause to believe is suffering from a dangerous, contagious
disease, shall recklessly fail to take reasonable measures to protect
others from exposure to the contagion, and to inform health authorities
of the existence of the contagion.
(C) No person, having charge of a public conveyance or place of
public accommodation, amusement, resort, or trade, and knowing or having
reasonable cause to believe that persons using such conveyance or place
have been or are being exposed to a dangerous, contagious disease, shall
negligently fail to take reasonable measures to protect the public from
exposure to the contagion, and to inform health authorities of the
existence of the contagion.
NOTES OF DECISIONS AND OPINIONS
Duty to abstain or warn 1 Liability to third parties 2 1. Duty to
abstain or warn
A person who knows, or should know, that he or she is infected with a
venereal disease has the duty to abstain from sexual conduct or, at a
minimum, to warn those persons with whom he or she expects to have
sexual relations of his or her condition. Mussivand v. David (Ohio 1989)
45 Ohio St.3d 314, 544 N.E.2d 265.
2. Liability to third parties
A spouse is a foreseeable sexual partner and a person who has a
venereal disease who fails to inform a married person with whom he or
she is engaging in sexual contact of his or her condition is liable to
the third-party spouse until the initially infected spouse knows or
should have known he or she is infected with a venereal disease.
Mussivand v. David (Ohio 1989) 45 Ohio St.3d 314, 544 N.E.2d 265.
R.C. § 3701.81
OH ST § 3701.81
