Legal Question in Personal Injury in California

STD Transmission

Found out that my girlfriend of a year has a STD that is not cureable, high risk and a contagious one that shows up in abnormal paps. She stated she had abnormal paps before, but didnt do anything about them. She stated she has also been getting aids test done because her ex husband had been cheating on her and was concerned because she didnt know who he had been with or what might be given to her. She never bothered to inform me of any of this until after it was confirmed she has a STD. I have been sleeping with her regularly. The STD has been given to me according to her doctor, there is no test or cure for men. Do I have a case against her ?


Asked on 3/12/06, 10:21 am

3 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: STD Transmission

If you can show that she knew about the STD and failed to inform you, you do have a cause of action. It could also be a crime!

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Answered on 3/15/06, 9:39 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: STD Transmission

These types of cases can be "tricky" at best. However, if you can show clear and convincing evidence that the woman at issue knew or should have reasonably known of her condition prior to having regular relations with you, you may have standing for a battery suit. For a free phone consultation, contact us directly this week.

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Answered on 3/13/06, 5:37 pm
Terry A. Nelson Nelson & Lawless

Re: STD Transmission

Maybe. But, let's assume you do have proof of her intentionally and maliciously infecting you; and let's assume you can win such suit; what do you expect to get out of it? Is she independently wealthy? Have substantial assets to collect against? After you pay your attorney fees, expert witness fees, and court costs, will you have anything left? OR, will you have paid to be vengeful? OR did you think that an attorney would take this on a contingency basis without assurance that he would be paid somehow? What you describe of her is shameful and immoral, but you knew that about her from your description of your relationship with her. And that is one of her legal defenses -- assumption of the risk.

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Answered on 3/13/06, 7:39 pm


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