Can you sue someone for giving you an STD?
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Can you sue someone for giving you an STD?
About 3 years ago I had sex with someone and they gave me general herpes and some other STD’s. I just wanted to knew if I could do something for all the pain this person put me threw?
Asked on June 19, 2011 under Personal Injury, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The issue is fault--that is, from a legal point of view, did the other person do something wrong? Fault in the law if predicated on either negligence (unreasonable carelessness) or willful (i.e. deliberate or intentional) acts. So if your partner knew that he or she had an STD and had unprotected sex with you without telling you, or should have known (based on his or her own previous partners and their medical history, for example) that he or she had an STD, then that person might be legally at fault and liable--i.e. you may be able to sue them. If they themselves had no idea about the STD, though, they would not be liable.
However, another significant issue is the statute of limitations, or how long you have to bring a lawsuit. After 3 years, you may be running out of time--or may possibly have already run out. If you want to explore this, consult with an attorney (personal injury) *immediately.*
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