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A surprise herpes infection can ruin anyone’s spirits in the New Year. Even more so when you know the infection could have been prevented if your sexual partner had informed you they were a carrier of the disease.
Learn how to protect your rights if you’re a recipient of a surprise herpes infection.
California STD Laws
In California, it’s illegal to willfully expose another person to a sexually transmitted disease (STD). Those infected with any type of STD must disclose that information to a sexual partner before sexual activity occurs.
If you have a surprise case of genital herpes and you didn’t know you were at risk of infection from your sexual partner, you may have grounds for a lawsuit.
The herpes simplex virus (HSV) can be spread through oral-to-oral contact or oral-to-genital contact. While the use of birth control can help reduce the risk of infection, it’s not a foolproof method. Condoms can fail, which is why it’s vitally important (and legally required) for your sexual partner to inform you of their infection before sexual contact.
Filing an STD Lawsuit
Once you file an STD lawsuit, your attorney must prove liability by showing that your sexual partner knew or should have reasonably known they had an STD and conveyed that information to you, and acted negligently when they failed to do so.
At KMD Law, we have extensive experience in this area of law, and we have protected the voices of those who thought they were voiceless. We have held numerous rich and powerful individuals accountable for their actions. We’re here to fight for you, too.
Contact us today at (833) 456-3529 to learn how we may assist you.
