ExpertLaw.com Forums

Can You Sue Your Ex- Over Fear of Contracting a STD

Printable View

  • 10-28-2017, 03:09 PM
    M k savoie
    Can You Sue Your Ex- Over Fear of Contracting a STD
    My question involves court procedures for the state of: Louisiana

    I've been in an exclusive relationship for 2 1/2 years. We have never lived together but spend most nights together either his place or mine. We don't have children together. My boyfriend (now ex) had "friends with benefits" prior to our relationship. He broke off relations with them when we began going out, and explained to each he was dating someone exclusively; they had knowledge he was seeing someone.

    One particular "friend", recently showed up at his place uninvited while I was out. They had unprotected sex. And unfortunately, I have now been exposed to whatever STD's she may be carrying. She has several "friends with benefits" which she may or may not be having unprotected sex with. I only found this out yesterday.

    I will get tested myself, but at this time don't know my STD status. Do I have any sort of civil case against the two? Emotional damages? Or reckless endangerment by exposing me via unprotected sex when he knew he had been exposed to whatever she may be carrying? My ex is protecting her identity. Do I have a legal right to know the name of the person that my ex slept with since it directly impacts me? Thanks.
  • 10-29-2017, 02:53 PM
    Who'sThatGuy
    Re: Can You Sue Your Ex- Over Fear of Contracting a STD
    How do you know that your ex knew that she had an STD and he would get that STD from her?

    You need to also test yourself ASAP.
  • 10-29-2017, 03:07 PM
    cbg
    Re: Can You Sue Your Ex- Over Fear of Contracting a STD
    You have nothing to sue for until or unless you are actually found to have contracted an STD.

    Get tested. If you have, come back.

    If you haven't, you're wasting your time trying to take any kind of legal action.
  • 10-29-2017, 03:27 PM
    Mercy&Grace
    Re: Can You Sue Your Ex- Over Fear of Contracting a STD
    Why didn't you insist on using protection ? You can't blame someone else for something you are responsible for. Has your ex tested positive for anything? Did your ex know for a fact the person has an STD ? Or is this only an assumption?

    You also need to talk to your doctor about an HIV test.
  • 10-29-2017, 04:57 PM
    Highwayman
    Re: Can You Sue Your Ex- Over Fear of Contracting a STD
    Quote:

    Quoting Mercy&Grace
    View Post
    Did your ex know for a fact the person has an STD ? Or is this only an assumption?

    She said "may be carrying". She is assuming the worst case and has no evidence the FWB has any medical issues.
  • 10-30-2017, 04:12 PM
    M k savoie
    Re: Can You Sue Your Ex- Over Fear of Contracting a STD
    I've been in an exclusive relationship for 2 1/2 years. We each were tested for STD's before we started having unprotected sex. Obviously at that time we didn't test positive for anything.

    It was my ex who had the unprotected sex with someone else and didn't'nt inform me of the fact until two weeks later. Had I known he cheated on me, the unprotected sex between he and I would not have taken place.

    As for testing, I've done the research. Each STD has a different incubation period. If you test too soon, it will yield a false negative result. Evidence based practices say get tested 1 to 2 weeks after and then again in 90 days. So I will be getting tested next week.

    Thanks for your reply.

    Didn't mean to waste your time Who's That Guy. In the future, just refrain from commenting :-)
  • 10-30-2017, 04:43 PM
    Mr. Knowitall
    Re: Can You Sue Your Ex- Over Fear of Contracting a STD
    You're not going to be able to sustain a lawsuit based upon the possibility that your ex- picked up a STD while sleeping around. That would turn any incident of infidelity into a lawsuit, and that's not what the court system is for. Louisiana recognizes a tort for the transmission of a STD only when there is proof of actual transmission, and when the person who carried the infection knew or should have known that he was infected with a STD at the time of the transmission. See, e.g., Meany v. Meany 639 So. 2d 229 (La. 1994).
  • 10-31-2017, 02:13 PM
    Mercy&Grace
    Re: Can You Sue Your Ex- Over Fear of Contracting a STD
    HIV has different time frames than STD.
All times are GMT -7. The time now is 09:49 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved