Can my friend sue her husband for intentionally giving her genital herpes?

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Can my friend sue her husband for intentionally giving her genital herpes?

My friend found out a few months ago that she has genital herpes. She got it from her husband who knew that he had it but never told her. They are now going through divorce and fighting an ugly battle. She wants to sue her husband for damages from the STD. She contacted a few attorneys in the area but none of them seem to be interested in the case – maybe because she is going through a divorce? From reading on the internet, it seems like a straight forward personal injury case. What is her best recourse?

Asked on April 4, 2012 under Personal Injury, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

It could be a battery case if she can prove intent, that her husband intended to cause herpes to her or knew with substantial certainty that she would contract it. If no attorney wants to take the case then she can file a claim pro per.


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