Q: Legal action for contracting STDs from partner aware of risk
I recently resumed a relationship with my partner, during which time he was involved with another woman. She later informed me that she has STDs and intended for him to contract them, knowing he might return to me. I have ordered testing for myself and am experiencing symptoms, suggesting I may have contracted an STD. The test results are pending. I have saved text communications proving both my partner and the other woman were aware of the STDs. I am considering legal action and am seeking both compensation and a restraining order against them. What are my legal options in this situation?
A: You might be able to sue him if he was aware of what he had knowing he might transmit it to you. State laws vary so you should contact a personal injury attorney in your state to discuss. In California we have handled similar type cases but if you are in another state the laws might be different. Sorry to hear about your situation and good luck to you. TED
A: You may have a claim against the ex... but I don't think the woman has any legal "duty" to you... which is a necessary element for a personal injury claim. Duty can be established by a special relationship... which clearly exists between the ex... and the woman. But your special relationship is with the ex, so I don't think a personal injury claim against the woman would survive day one. However... if you have evidence that she "intended" for you to contract an STD from the ex... then maybe. Kick your partner to the curb and reach out to any personal injury attorney for a free consultation. Good luck.
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A:
You may have grounds for both civil and criminal legal action in California. Civil claims could include negligence, fraud, battery, or intentional infliction of emotional distress, allowing you to seek monetary damages for medical expenses, pain and suffering, and emotional distress. Preserving those text communications is crucial evidence showing knowledge and intent.
California law makes it a misdemeanor to knowingly expose someone to an STD, which could lead to criminal charges against both parties. The specific penalties vary depending on the STD involved and whether transmission was intentional. Your saved communications could be valuable evidence for both civil and criminal proceedings.
For immediate protection, you can petition for a restraining order based on harassment or threats to your health and safety. Contact the Superior Court in your county to file for a temporary restraining order while consulting with a personal injury attorney experienced in handling STD transmission cases. Legal aid organizations can provide guidance if cost is a concern, and many attorneys offer free initial consultations to evaluate your case.
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