Legal Question in Personal Injury in California

No, having made a full disclosure to the other person you should be safe as long as you did not force them to have unprotected sex. However, it would be a "he says, she says" type of case in which your partner might testify that you claimed you were not infectious right at that time [apparently, you can still infect someone during an asymptomatic phase] and a jury will feel more sympathy to the partner getting the disease then the one giving it, so you might still be found liable. So you need to wear protection all the time. .

If you are sued and the sex partner denies knowledge it will be hard for the jury to believe he or she knew the risk and accepted that risk freely and knowingly. Therefore, most likely you will be determined liable.

Can you be sued? Of course. The lawsuit should fail, but that's a different subject. Your ex evidently does not plan to tell the jury that you disclosed your condition. If they believe him and not you, then you will lose.

This doesn't have to be a he-said, she-said case. Do you have evidence that you disclosed your illness? Such evidence could include emails, text messages, or perhaps the testimony of another person who was part of a conversation where you discussed the subject. You could also offer the testimony of other former sex partners to whom you revealed your condition. A jury who hears that you revealed your illness to others will find it much easier to believe you did so in this instance. There may be many other ways to support your version of events.

Good luck.

You can be sued. However, you would have a good defense in consent provided the jury believed it which would preclude recovery by Plaintiff.

Do you have proof that you made full disclosure? If not, you may have a problem. I would suggest in the future, that you do not have unprotected sex.

BARRY BESSER

www.besserlaw.com