مسؤولیت مدنی ناشی از احتمال ابتلای به بیماری در حقوق ایران و امریکا

The probability of infection of disease is an issue that may be a concern for many citizens, especially for people regarding to their jobs or by having dangerous relations and etc. are exposed to infection by this kind of disease. The assumption is where that person presently is not diagnosed with any disease and also in the future hisher infection is uncertain but often it is probable that the person is infected but because of latency and etc. is unable to be diagnosed or probably it will be formed in future. In this article, the subject mentioned above, by the titles of increased risk of disease and fear of disease in Iran and the United States law systems are considered and the effort was put to analyze the standards and norms for compensation of probable damages according to law and their judicial judgments. In Iran law system according to existing laws, probability of infection to a disease as a physical damage does not make any liability, although as a moral damage even in approved laws or jurisprudence sources, fundamentals for civil liability can be found about this subject. In the United States law, concerning infection to diseases many different judgments have been made that the courts, by adopting various standards, have accepted some actions, and some actions have been rejected. Please cite this article as: Meghdadi MM, Einy M. Civil Liability due to Probability of Infection of Disease in Iran and United States. Iran J Med Law 2017; 11(42): 65-82.