Can a person be sued for transmitting a sexual disease? 4 Answers as of February 20, 2012can a person be sued for intentionally giving a partner herpes? I was fully tested prior to any unprotected sex but he had been on medication for herpes for years before we met but never told me. After i was diagnosed, and found RX receipts,he admitted it but didn't tell me because he was embarrassed and ashamed.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Sorry to hear about your situation. The answer is "yes," you can sue for transmission of a sexual transmittable disease. There is Florida case law that supports a right to recover. One Florida Court explained: "in order to state a cognizable cause of action for negligent transmission of a sexually transmissible disease, a plaintiff must allege that the defendant knew he or she was infected with one of the sexually transmissible diseases enumerated in section 384.24 [Herpes is included on the list], that the defendant had been informed that said disease could be communicated through sexual intercourse [do you know if he was?], and that the defendant had sexual intercourse with the plaintiff without informing the plaintiff of the presence of the disease and without securing the plaintiff's consent to sexual intercourse under such circumstances." Gabriel v. Tripp, 576 So.2d 404, 405 (Fla. 2d DCA 1991). If you think you can meet those conditions, you have a case. Your recoverable damages could include mental anguish, medical expenses, and other economic and non-economic losses that flow from the encounter. It is also possible that you could seek punitive damages, which are over and above compensatory damages. I offer a free initial consultation without obligation to you.
Answer Applies to: Florida