Table of Contents
Can I sue my ex boyfriend for giving me herpes?
Yes, you can file a personal injury lawsuit against someone who infected you with herpes. You can sue even if the sex was consensual. The lawsuit would claim that the transmitter was negligent. He or she could have prevented the transmission of their herpes, but failed to do so.
Can you sue someone for giving you genital herpes?
If one of your sexual partners knowingly or negligently gave you herpes, you can file a lawsuit to hold them accountable.
Can you have herpes and never passed it to your partner?
Additionally, herpes does not transmit 100\% of the time. It’s possible to have a long-term partner who has herpes and to never get the infection. If your partner does not have herpes, there are some things for you both to know to move forward.
Is it OK not to disclose herpes?
There are no black and white rules for telling your partner you have herpes, and everyone needs to make their own decisions depending on the situation, but the fact is more people are accepted by new partners than rejected for having genital herpes. Some people choose not to tell casual partners.
Can I sue someone for giving me an STD?
Can You Sue Someone For Giving You An STD in California? Yes. In California, it is against the law for a person to infect a sexual partner with a sexually transmitted disease (STD).
Can you press charges on someone for knowingly giving you an STD?
What is willfully transmitting an STD? Someone infected with an STD can be criminally liable for willfully transmitting it, as well. Willfully transmitting an STD requires a doctor telling the defendant not to engage in certain conduct. That conduct has to pose a substantial risk of transmitting the disease.
Is it worth suing for herpes?
People do sometimes bring criminal complaints against a sexual partner who gave them herpes or sue them for money damages in civil court. However, these cases are seldom successful because proving their legal elements is difficult for a variety of reasons.
Can you sue someone for giving you an STD in Texas?
There isn’t a law in Texas that makes it illegal for you to not tell a partner you have an STD or STI. However, it is illegal to knowingly or recklessly transmit an STD. As mentioned, if you don’t tell a partner about your STD and they contract the disease, you could face criminal charges, as well a civil lawsuit.
Do you have to disclose herpes 1?
“In order to help decrease the spread, it is important to disclose any STI (including herpes) to any sexual partner, so they can make the informed decision to proceed or not,” Dr. Gelow said. “Being able to freely talk about these conditions makes it easier to disclose to potential sexual partners.”
Can I sue someone for knowingly giving me an STD?
The answer is yes; you can sue someone for sexual battery no matter what STD was passed on. Sexual battery means sexual contact was made towards another individual without their consent. In the case of STDs, a battery case could be made since the known risk of contracting an STD was non-consensual.