Legal Question in Personal Injury in California

Re: cheating lover was having unprotected sex

If your ex- is infected with HIV or has AIDS and knew or should have known, and you test positive, then certainly you can bring an action. The recent (July 2006) state Supreme Court case of John B. v. Bridget B. (38 Cal.4th 1177) is instructive: Liability for negligent transmission of HIV extends to situations where actor, under totality of circumstances, has either actual knowledge or constructive knowledge, that is, reason to know, of the infection; imposing liability for transmission of HIV based on constructive knowledge is consistent with general principles of negligence law, and furthers public policy of preventing spread of acquired immune deficiency syndrome (AIDS). Good luck to you.