When my husband I decided to start a business, we didn't think about the legal aspects of doing so. We didn't realize that purchasing business insurance, getting building permits and making investments all required some type of legal advice. But after speaking to a close friend, who also happens to own a small business, we contacted a business attorney. Now, we have the legal smarts to make the best decisions for our business, as well as the legal representation in case something happens to our company. I hope that you find my blog helpful and informative for your own business. It's a great resource for finding the legal advice, resources and guidance you need to get your company up and running.
Although people are used to filing personal injury claims after accidental injuries, you also have the right to file an injury claim after an intentional injury. Such a claim would fall under an intentional tort, and you can file one against someone who has infected you with an STD. Here are some of the legal theories that you can use to seek compensation after being infected with an STD:
A battery is the intentional touching of another person that is harmful or offensive in nature. For example, when an STD infected person engages in sexual intercourse with you and ends up infecting you, you can instigate an injury claim against them using the theory of civil battery.
In this case, you don't have to prove that the other person intended to cause you the harm that resulted from the "touch." You just have to prove that the defendant's touch was an intentional one and that the defendant knew that they were infected.
You can also use the personal injury theory of negligence to claim injury damages if another person has infected you with an STD. Generally, a negligence claim can be proven if the plaintiff proves that the defendant owed them a duty, breached that duty and the breach of the duty caused the plaintiff actual damages.
When it comes to the issue of STD infections, it's clear that two consenting adults having sex owe each other the duty of preventing, as far as humanly possible, STD transmission. Prevention takes different forms; for example, you can warn each other about your STD histories or use protection (such as condoms). A defendant who knew or should have known about the infections, but did not take the necessary measures to protect the plaintiff, can easily be accused of negligence.
Lastly, you can also use the legal theory of fraud to claim your damages from a person who has infected you with an STD. in this case, you need to prove that the defendant knew they were infected, but intentionally hid the information from you. for example, if you can find records that show that the defendant had a positive STD test result a few days before having sex with you, it could act as an evidence that the defendant hid their infection status from you. Another example is if you asked the defendant about their STD status but they lied to you about it.
Consult a personal injury attorney if you have been infected with an STD and you are wondering whether to sue the liable party. The injury lawyer will examine the circumstances of your infection and help you chart a way forward.