Want to sue

UPDATED: Oct 1, 2022

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Want to sue

My live in boyfriend gave me herpes and
never disclosed that he had it his ex
and now again girlfriend confirmed that
he did and that he infected her. I asked
him if he had herpes and he told me no.
Can I sue him for infected sexual

Asked on December 3, 2017 under Personal Injury, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If, as you seem to indicate, he knew that he had herpes before you and he had sex, then yes: you could sue him. A failure to warn you of a known STD before having intimate relations with you is, at a minimum, a negligent or careless act (it could also be an intentional wrongful act, if he hoped or wanted to infect you) and that could make him liable. If he warned you and, in knowledge of that risk, you chose to have relations, he would not be liable since he acted reasonably and you then made the knowing decision as to what to do; but a failure to warn of a known risk of infection can make him liable for the consequences.

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 AttorneyPages.com 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.

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