Can You Sue a Partner for Infecting You with an STD?

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Can You Sue a Partner for Infecting You with an STD?

Whether a person who contracts a sexually transmitted disease (STD) from a partner can sue their partner depends on the state law. It also depends on whether the partner knew or should have known that they had an STD.

Does It Always Depend on State Law?

No. A person may sue regardless of state law when negligence is involved. Negligence involves conduct that falls below the legal standard of care. The individual who contracted the STD must show that their partner had a legal obligation to inform every sexual partner about the disease.

What Is Intentional Exposure to a STD?

Intentional exposure to a STD refers to a partner intentionally exposing their sexual partner(s) to a disease. This means the individual knew that they were infected and intentionally gave the disease to their partner(s).

In many states, a partner has a duty to warn all of their sexual partners about any STDs that they have contracted. To successfully sue for intentional exposure to a STD, a plaintiff must prove that the partner:

Can I Sue for Battery for Contracting a STD from My Partner?

Yes. Battery is the intentional offensive or harmful touching of another person without their consent. Any sexual activity between partners is considered harmful and offensive when a partner is infected with a STD.

What If My Partner Lied to Me about Being STD-free?

An individual may have a claim under fraudulent misrepresentation. The infected partner must make claim that is false about not having an STD. The partner who becomes infected must reply on that false claim.

Do I Need to Consult a Lawyer to Help Recover Monetary Damages from My Partner?

It is difficult to prove that your partner intentionally or negligently exposed you to an STD. A personal injury lawyer will help you determine whether you have enough evidence to file a lawsuit. The lawyer will also represent you in court and settlement negotiations if you decide to seek damages.

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Last Modified: 05-27-2015 05:13 PM PDT

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