Can I sue someone for harrassing me because I have Hep C?

My aunt found out that I have Hep C and she keeps telling all my family that I have it, and telling them not to let me come around because I am contageous. But im not contageous, inless I am bleeding and put my blood in a open wound or through sex but obviously she is uneducated and spreding lies around the family and its ruining my life. Can I sue her for this?

Asked on January 19, 2013 under Personal Injury, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country you have the legal right to sue your aunt for what she is saying about you. The problem is proving what your damages are in terms of dollars and cents and overcoming her anticipated defense of telling the truth albeit you are not contagious per se but you do have hepatitis C.

The best way to resolve the matter is to have a face to face meeting with your aunt with medical brochures in hand to end the misinformation she has about your condition.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, this sort of harassment  is not  illegal. That is, there is nothing illegal about telling  someone that another person poses a risk of disease, assuming that the person does in fact have that disease. There are no grounds to sue her; the law does not regulate what people say, so long as they do not lie about facts specific to a person (that is, if you did not have the disease and she was lying and saying you did, that could be defamation; but the fact that she is incorrect in the risks of hep C is not defamation and is not actionable).

 


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