Posted on 05/18/2005 11:40:20 AM PDT by JBW
A Massachusetts court has recently had to resolve the question, as a matter of tort law, what duty of care a pair of non-married adults owe to each other for injuries resulting from consensual sex between them.
I'll leave the details of the case for those with strong stomachs who are willing to read the opinion found in the preceding link. In summary, however, the plaintiff (male) was injured when the defendant (female) changed her position during the middle of intercourse.
The trial court granted summary judgment in favor of the defendant, finding that, as a matter of law, there was no applicable standard of care between two consenting adults engaged in sex. Consequently, one of those adults could not be liable for negligence in connection with injuries suffered by the second adult.
The Massachusetts appellate court affirmed the trial court's holding, but declined to support its rationale that there was no duty of care. Instead, the appellate court reasoned:
"Whether persons involved in consensual sexual relations owe each other a legal duty of reasonable care in the conduct of those relations is a question of first impression in Massachusetts. Generally, as the plaintiff claims, tort law requires that a duty of reasonable care be exercised to avoid injury to others.
* * *
Since "[t]he essence of wanton or reckless conduct is intentional conduct . . . which . . . involves a high degree of likelihood that substantial harm will result to another," Commonwealth v. Welansky, supra, citing Restatement of Torts § 500 (1934), we believe that a fact finder is capable of recognizing such extreme conduct, impartially and without prejudice, even in the context of consensual sexual behavior.
(Excerpt) Read more at jonathanbwilson.com ...
Gun condoms do have a high failure rate.
Well, that's safer that Teuton sex, I guess.
She suddenly became anti-abortion...
It was 1,953, and I will thank you to keep that between us. ;)
Just in case you changed your mind later.
Would have made office meetings a little more interesting, though.
wowzer... you gotta really be moving for this type of injury to occur...
You ever had eggroll sex?
Sex with Chinese food, yaks, strawberry jam, and Xena--I'm beginning to think you might have a problem, Laz. You may be orally fixated.
Which ought to make you...popular with the ladies...I guess.
[sniffs...bursts into tears]
One MORE thing to be jealous of Laz over!!!! [sobbing]
WHY, WHY did I have to be well-endowed instead of having extrasensitive taste buds?!?!?! WHY, GOD, WHY!?!?!
There was a thread recently on this. A man ended up with a broken ... um... well...
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