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I met my husband four years ago. Prior to our marriage, he told me about prior relationships he had with women but falsely informed me that he did not have any communicable diseases. Before our marriage, I was active and athletic, never sick, and only took medication for allergies. After the marriage, I developed high fever an chills and tested positive for HIV. Can I sue him in California for intentional std transmission?
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In California, the transmission of a venereal disease has been considered by the courts to be sufficient evidence of great bodily injury. Individuals wo transmit sexually-transmitted diseases negligently or intentionally are liable in damages. Courts throughout the country, including California, recognize a claim for the negligent transmission of sexually-transmitted diseases. California law also imposes liability for HIV transmission where the actor knows or has reason to know that he or she is HIV positive. He would be liable if he reasonably should have known that he had HIV and engaged in sexual intercourse with you without taking measures that would have prevented the transmission of the virus to you. Califoria courts hold that everyone is liable for injury caused to another by one's lack of ordinary care and skill.
Talk to a Lawyer to find out more about the liability laws affecting your case, and what rights you have to compensation.
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Posted by Yara Zakharia on 03 Jun 2010
1 person found this useful
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