Legal Question in Personal Injury in Florida

I have herpes 2 because of a man I was involved with for 5 years has been having sexual relations with a woman who has this disease. He knew this fact but didn't inform me he was interested in pursueing a new relationship nor informed me of her having this disease. She is the one who confirmed this fact. I was not allowed to "choose" if I wanted to be part of a triangle with an incurable sexual disease. I had no knowledge of this relation or disease. Do I have any legal recourse? Is he legally liable for anything? or is this one for a judge to decide?


Asked on 10/28/10, 11:31 am

2 Answers from Attorneys
Shelly Schellenberg MI & FL private practice

There is not an easy answer. You must be able to prove that he knew he had the disease and intentionally infected you. There have been many lawsuits filed over this same issue, and I'm not aware of any Plaintiffs who have been successful. However, I think that persons who knowingly infect innocent persons should not walk away without liability, and there are likely to be judges and juries who agree.

If you had been married to this guy, you would have a better case, and the woman who can confirm your story may not be a real credible witness. If you decide to file suit, be prepared for your whole personal life to be scrutinized by defense attorneys, including your past sexual experiences. This may be a hornet's nest that you don't want to whack.

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Answered on 11/02/10, 12:08 pm
Angelo Marino Angelo Marino Jr. PA

Agree. Moreover, even if you were to file a claim, can you afford to pay legal fees and costs? Does he have assets to collect from if you were to win? Does he own a home and have homeowners' insurance that may cover the claim, if it were not intentional? Some additional thourhts.

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Answered on 11/11/10, 6:26 am


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