Legal Question in Civil Litigation in Florida

Re: Herpes infection

A person can sue another person for any reason. Whether the lawsuit has merit or is based on a recognized and legally viable cause of action is another question. Before filing suit, meet with a lawyer to determine whether you have a proper basis to sue. If your lawsuit is deemed frivolous or not supported by material facts, you may expose yourself to the attorney's fees incurred by the person/defendant you have sued under section 57.105 of the Florida Statutes. Be cautious and good luck.

Re: Herpes infection

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE:

Lawsuits on the negligent transmission of genital herpes have been recognized in this state. Gabriel v. Tripp, 576 So.2d 404 (Fla. 2d DCA 1991). In Schiffhauer v. Schiffhauer, 485 So.2d 838 (Fla. 1st DCA 1986), decided before Waite v. Waite, 618 So.2d 1360 (Fla.1993) and within the context of a dissolution of marriage action, the court held the husband liable for the wife's future medical bills for treatment of genital herpes which she contracted from him. There has been substantial litigation in other states allowing recovery in tort for the transmission of a sexually infectious disease. See, Berner v. Caldwell, 543 So.2d 686, 690 (Ala.1989); B.N. v. K.K., 312 Md. 135, 538 A.2d 1175 (1988); R.A.P. v. B.J.P., 428 N.W.2d 103 (Minn.App.1988); Doe v. Roe, 218 Cal.App.3d 1538, 267 Cal.Rptr. 564 (Cal. 1st Dist.1990); Long v. Adams, 175 Ga.App. 538, 333 S.E.2d 852 (Ga.App.1985); Duke v. Housen, 589 P.2d 334 (Wyo.), cert. denied, 444 U.S. 863, 100 S.Ct. 132, 62 L.Ed.2d 86 (1979).

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Re: Herpes infection

Yes, but you will have to prove they knew they had the condition.