No one really expects to be affected by a sexually transmitted disease (STD) like genital herpes, but it apparently happens quite often. The Centers for Disease Control (CDC) estimates that about 1 in 6 people are already infected with the genital herpes virus, so you might encounter it sooner or later. While using a barrier method is nearly 100% effective at stopping the transmission of this disease, it still seems to be spreading like wildfire. Read on to learn more.
A personal injury
Whether it's from the infected person's embarrassment or just lack of knowledge, you might end up being one of those affected by this disease after a sexual encounter. Beyond your anger and shame, you might also wonder about revenge, at least in the form of a legal action against your previous partner. You should realize that legally speaking, ignorance is not a defense against actions that harmed another, and herpes definitely falls into that category.
A duty of care
The above term is often used in personal injury situations to describe how people are tasked with taking responsibility for their actions. You must be able to reason that if you do thing A, then it might cause thing B to occur. If you run a red light, then you could cause a crash. If you allow a store display to be unstable, then you could cause an injury to a customer.
The potential to get an STD is no different. Using protection and seeking medical treatment if you suspect you have herpes is the responsibility of the person who is infected. Does the victim also owe a duty of care? Yes, you should have used protection, but that does not lessen the other party's fault.
Fraud
You might never have thought that you would encounter the word fraud in relation to a sexual encounter, but some courts view it that way. If your sexual partner knew they had herpes and failed to warn you about it, then that is fraud, plain and simple. For it to be fraud, three elements must be present:
- One party either lied about a fact or failed to disclose a fact
- The other party believed it
- The other party was injured as a result of believing the lie or omission.
Unfortunately, there is no cure for genital herpes, but there are treatments that lessen the effects. You have a right to be compensated for this very personal injury, so speak to a personal injury attorney like Keith E Zaid Attorney At Law at once.
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