CanI sue my ex-boyfriend for giving me herpes and lying to me about his sex addiction?
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CanI sue my ex-boyfriend for giving me herpes and lying to me about his sex addiction?
My boyfriend gave me herpes He had it diagnosed 2 years ago. He has a history of being a sex addict and has admitted to it. His ex-wife sent me some documents that prove he had the virus because she asked him to get tested. He currently engages in gentlemen’s clubs and pays for prostitutes. He yet still attends sex addicts anonymous. He never told me any of this much less that he had the herpes virus. Can I sue him for reckless behavior for damages under the tort law?
Asked on August 8, 2011 Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In almost all states, you can sue your former boyfriend for giving you herpes under the the legal theory of "battery, intentional infliction of emotional distress and negligence". The alleged sex addiction issue is his problem and is not a cause of action for you to claim.
Your damages would be medical bills (past and present), prescriptions (past and present) and emotional distress.
If you have proof that your former boyfriend knew he had herpes before he met you and did not advise you of this fact before you engaged in unprotected sexual relations, you should consult with a personal injury attorney about your situation and the best course to take.
Good luck.
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