If you contract a STD from a sexual partner who knew he was infected (you did not), can you sue him?
If on the other hand, the infected partner did not know that he or she had a sexually transmitted disease, there would be no liabilityin that case, the person would not have acted negligently, recklessly, or intentionally, since he or she had no reason to know there was any problem.
Another significant issue is the knowledge of the (previously) uninfected partner. If he or she know of the sexually transmitted disease and nonetheless chose to have sex, that might constitute acceptance of the risk. Essentially, if you do something risky knowing its risky, its much harder to sue. But if the person did not know, they may well have grounds to sue.
If a person who contracted a STD like this did sue, the sort of damages he or she could collect would be:
- Medical costs, both to-date and futureand for certain diseases, like AIDS, this can be very significant
- Pain and suffering, which represents not just literally pain per se, but also any negative impacts on or reduction of the quality of lifesuch as limitations on future sexual activities. (And, any pain would itself be compensable.)
- A reduction in life expectancy
- Any current or future loss wages, from not being able to work as long or as hard
If you have contracted a sexually transmitted disease from a partner who knew but did not tell you, you should consult with a personal injury attorney so you can understand the strength of your case and likelihood of success, what it might be worth, and the costsboth economic and in terms of time and effortto pursue it.