Can my friend sue her husband for intentionally giving her genital herpes?

UPDATED: Apr 4, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 4, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my friend sue her husband for intentionally giving her genital herpes?

My friend found out a few months ago that she has genital herpes. She got it from her husband who knew that he had it but never told her. They are now going through divorce and fighting an ugly battle. She wants to sue her husband for damages from the STD. She contacted a few attorneys in the area but none of them seem to be interested in the case – maybe because she is going through a divorce? From reading on the internet, it seems like a straight forward personal injury case. What is her best recourse?

Asked on April 4, 2012 under Personal Injury, California


Hong Shen / Roberts Law Group

Answered 10 years ago | Contributor

It could be a battery case if she can prove intent, that her husband intended to cause herpes to her or knew with substantial certainty that she would contract it. If no attorney wants to take the case then she can file a claim pro per.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption