Can I sue the person would infected me with herpes type 2?

I have been dating my boyfriend for 2 years. Then 4 months ago, I developed a lesion on my genitals. It was also around this time I found he had been cheating on me for 22 out of our 24 month relationship with a woman who answered a sexual ad he placed on Craigslist 5 years ago. After confronting this woman that she gave my boyfriend an STD which he passed to me,my boyfriend told me his ex-wife has genital herpes and aquire them before he married her. I have since been tested and am positive HSV 2. My boyfriend got tested after I did and also came up positive. He refuses to pay for my medical related to this because he said he didn’t know he had it. The ironic part of all this is he is a personal injury attorney. Thus he should know the importance of getting tested after they divorced before becoming sexually active with others.

Asked on March 4, 2016 under Personal Injury, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It comes down to his actual knowledge--there is NO legal obligation to get oneself tested after ending a relationship or before entering into sexual relationships. If he did know he was infected before having sex with you, then he is very likely liable for not telling you, thereby giving you the chance to say "no" to sex under those circumstances and/or chose voluntarily, in light of the risk, to be intimate. But if he did not know of his own infection prior to infecting you, then he did nothing wrong legally and therefore would not be liable.

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