Negligent Sex

[drscott]

Attention champdaddy: please be sure your liability coverage is paid up.

(story from Volokh)

the defendant did vary slightly the position previously used, without prior specific discussion and without the explicit prior consent of the plaintiff. It is this variation that the plaintiff claims caused his injury [penile fracture]. . . . The plaintiff's injuries were serious and required emergency surgery. He has endured a painful and lengthy recovery. He has suffered from sexual dysfunction that neither medication nor counseling have been able to treat effectively. . . .

Comments

[excessor.livejournal.com]

Yes, but did they both get off?

[dr-scott.livejournal.com]

I warned you about the pun-ishment you must take for that... :-)

But seriously, the suit was thrown out -- establishing a principal that in consensual sex, you'd have to show more than just minor negligence to sue for damages.