Can I be sued for transmitting herpes to someone, despite disclosing to them that I had an STD?

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Can I be sued for transmitting herpes to someone, despite disclosing to them that I had an STD?

I’m being threatened with a lawsuit. My ex-sexual partner is concerned that if she contracted HSV I (herpes) from me. If her test is positive, she will try to sue me. However, I disclosed to her before we had sex that I had HSV, and STD. I wasn’t in an outbreak (I’ve never noticed an outbreak) I told her that I think I might have had it since I was born, and the chance would be low (no outbreak). The next day she told me “thanks for being honest” and even “even if I got something it was worth it”. Now all of a sudden she is flipping out. Should I be very scared?

Asked on August 22, 2011 Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Two different issues:

1) Can you be sued, and be faced with a lawsuit which you have to defend? Yes. The threshold for instituting a lawsuit, if someone is so inclined is low--basically, they just have to be able to state a claim or cause of action for which they could receive compensation, and people do get money if they were infected with a STD by a sexual partner.

2) If sued, would you lose? That depends on the facts--exactly what did you disclose to her, when? Also on credibility and other evidence--if you and she tell different stories, who will be believed? Who can support his or her version.

You don't need to do anything until/unless actually sued. If you are, then you should consult with an attorney about  the specifics of your situation to decide what to do (e.g. fight it; settle; etc.).


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