Most lawsuits over sexually transmitted diseases fall under tort law. Recently, NFL quarterback Michael Vick was sued by Sonya Elliot, a 26 year-old Georgia woman who claimed the football player had infected her with herpes after an unprotected sexual encounter in 2003. Getting an STD from your partner may be infuriating, but the law does not leave you powerless to get justice. There are a number of different legal theories that you may be able to rely on in bringing a civil lawsuit for STD infection. The right legal theory will depend on the circumstances of your situation, but two of the most common theories are negligence and civil battery.
Spreading an STD can result in a lawsuit claiming negligence. Unlike negligence, the laws regarding civil battery do take intent into consideration. The Law and STDs – Do You Have a Legal Obligation to Tell Your Partner if You Have a Sexually Transmitted Disease? Find Out!. Civil (Non-Criminal) Lawsuits In many states, if you don’t tell a partner about an STD and your partner contracts the disease, you could face a civil lawsuit. Many, but not all, states have laws that criminalize the transmission of at least some types of STDs between people. These laws, and the penalties imposed by them, differ significantly among states.
As they lay together afterwards, he told her he had herpes. Please note: NOT COOL to conceal STDs or not wear a condom. How should the criminal law respond to those who pass on sexually transmitted infections (STIs)? The answer to this question has become more pressing in light of the conviction of David Golding, who pleaded guilty at Northampton crown court to causing grievous bodily harm by passing on genital herpes to his former partner, Cara Lee. The law is clear: it is illegal, criminally and civilly, to knowingly or recklessly transmit an STD.
Sexually Transmitted Diseases (STDs) And Personal Injury Lawsuits
Can you be sued for KISSING another person and giving them HSV-1 oral herpes? Does a person have a LEGAL responsibility to know their STD status? Many states have laws protecting individuals against someone who willing knew they were infected with an incurable STD such as HIV/AIDS and HERPES. Having an STD and giving it to someone and them suing you knowing you had the virus is considered a personal injury lawsuit and its criminal law. I Sued My Ex for Giving Me an Std–and I Won. As a future lawyer, she did her research and discovered that there have been many lawsuits in which individuals were held responsible for spreading STDs such as HIV and herpes to a partner, but she didn’t find any successful cases centered on HPV. It’s not easy to sue someone for transmitting herpes to you. It also stated that most lawsuits over sexually transmitted diseases fall under tort law. When you think your lunch date gave you herpes, you know whose fault that is. 3 Benefits of Using Task-Based Legal Research for In-house Counsel. Herpes Comes at Hefty Price. It does not strike me as an outlandish amount, said Steve Sugarman, a law professor at the University of California, Berkeley. I think that the juries acknowledged the severity of the STD transmission and what that means — the kind of impact that has on an individual for the rest of his or her life personally and socially, said David Baron, a partner with Slovak, Baron & Empey LLP, the law firm that represented both Behr and the wife awarded nearly 2.
Woman Is Awarded After Suing The Man Who Gave Her Herpes
Genital herpes and tort law are not two terms I often used to use together. And suddenly people could sue for catching herpes and other STDs. Genital Herpes and Tort Law Note: How did the Californian court justify this change of approach? It mentioned cases like Crowell v Crowell (the gonorrhea case) and De Vall v Strunk (the crabs case) where a few judges had already tried to put things right. They suddenly stopped prosecuting people for transmitting STDs. In the tort trial, though, using the same evidence, the plaintiff’s attorney was able get OJ to pay out millions of dollars in damages it didn’t matter that the judge wasn’t 99 sure that OJ did it, it was enough that he was 51 sure. A guide on how to sue someone for giving you an STD and what the chances of winning are. Anybody who wants to sue for receiving an STD from someone else should talk to a lawyer, but before you do, here’s some things you may want to be aware of that can affect whether you win or lose your lawsuit. Even herpes (HSV-1 and HSV-2) can be considered serious since it’s a life-long chronic condition for many people, as well as HPV (genital warts. The prevalence of STDs has left persons seeking relief from the law to punish all individual who are reckless, negligent or who knowing transmit a disease to another person. Can you sue someone for knowingly giving you Herpes?
The law provides for several causes of action for transmission of sexually transmitted disease, including the following. Sexually transmitted diseases include genital herpes, the human papilloma virus (HPV), hepatitis B, and the human immunodeficiency virus (HIV). Can I Sue for Contracting a Sexually Transmitted Disease? Learn how a personal injury lawyer could help you win compensation if you’ve suffered injuries because of the negligent or wrongful acts of another. Sexually Transmitted Diseases and Personal Injury: Can You Sue an Ex for an STD? About a year ago I was diagnosed with genital herpes. At one point, he thought for sure he had the virus, and went to be checked by a doctor, but was told that the symptoms he showed were not even an std, but rather a hygeine issue. The case decided by the Court of Appeals dealt specifically with herpes, but the legal reasoning employed by the court should apply to any serious sexually transmitted disease.