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Can you sue for a Sexual Transmitted Disease?

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Can you sue for a Sexual Transmitted Disease?

Unfortunately, sexually transmitted diseases are quite common. The Center for Disease Control estimates that 19 million new STDs occur each year. While the law varies from state to state, in almost every state you can sue if you have unknowingly received a sexual transmitted disease. However, exactly what legal course of actions can you take?

What are the criminal legal repercussions?

Under Florida Law, the person who engages in sexual intercourse with knowledge of a sexual transmitted disease is guilty of a first-degree misdemeanor offense.

Are you able to sue in civil court?

The question of course depends upon the circumstances. In a Civil Case in Oregon, a woman sued her former partner for transmitting herpes. She won her lawsuit and received $900,000 even though she was 25% negligent.   

An experienced Personal Injury Attorney can better help assess your claim; however, there are several possible claims that you may be able to sue for: Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Breach of Contract (Marriage), and Fraudulent Inducement are to name a few.

(STD) – Sexual Transmitted Diseases

  • Herpes –    Genital Warts
  • AIDS –    Crabs
  • Gonorrhea –    Chlamydia
  • Syphilis – Simplex

STD Claims

  1. Intentional Infliction of Emotional Distress: Victims of a sexually transmitted disease endure emotional distress. If the disease was transmitted intentionally through extreme and/or outrageous conduct, then a claim of Intentional Infliction of Emotional Distress may exist.
  2. Negligent Infliction of Emotional Distress: If the defendant knew, or should have known that they had a sexual transmitted disease, then the individual may be negligent. Negligence involves some careless conduct. If the defendant did not get tested, failed to warn the victim about the STD, or even failed to wear a condom, then negligence may be present.
  3. Breach of Contract (Marriage): May be a viable claim. A couple makes marriage vows and in that contract is implied that the parties will act in good faith and fair dealing. When one of the people cheat, this is a breach of that marriage contract since one person is betraying the other.
  4. Fraudulent Inducement: This claim involves trickery or deceit to accomplish another person to act in a certain way. If an individual with a sexually transmitted disease tricked another person into having sex with them, then fraud may have existed. 

What are possible defenses if you transmitted a sexual disease?

 Comparative Negligence is a possible defense. This means that the victim also acted negligently through the course of receiving a sexual transmitted disease. Under Florida’s comparative negligence law, the victim’s recovery amount will be reduced.

Tips to Prevent STD’s

  • Use protection when engaging in sexual intercourse
  • Mutual Monogamy
  • Vaccinations
  • Reduce Number of Sexual Partners
  • Get Tested Regularly

Consult an Experienced Personal Injury Attorney

If you are a victim of a sexually transmitted disease, you should contact an experienced Personal Injury Attorney. An attorney will assess your claim and determine your medical expenses, emotional distress, and pain and suffering associated with the STD. If you believe you have a claim, fill out our FREE CASE EVALUATION now.

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