Legal Grounds for Suing for STD Transmission in Ohio
In Ohio, several legal bases can be used to sue someone for transmitting an STD. These include:
Negligence
Negligence claims require proving that the defendant had a duty to disclose their STD status, breached that duty, and caused harm by transmitting the STD. You must show that a reasonable person in the same situation would have disclosed the information¹.
Intentional Infliction of Emotional Distress
This claim involves proving that the defendant’s behavior was extreme and outrageous, intentionally or recklessly causing severe emotional distress. If the transmission of the STD involved particularly egregious conduct, this could be a valid claim².
Battery
Battery is the intentional and harmful or offensive physical contact with another person. Engaging in sexual activity without disclosing an STD and subsequently transmitting it can be considered battery³.
Fraud
Fraud involves deliberate deception. If the defendant knowingly misrepresented their STD status or concealed it, leading to your infection, you might have a claim for fraud⁴.
Steps to Take if You Want to Sue
1. Consult a Lawyer
Seek a lawyer experienced in personal injury or sexual health-related cases to evaluate your situation.
2. Gather Evidence
Collect medical records, communication with the defendant, and any other evidence that supports your claim.
3. File a Lawsuit
Your lawyer will help you file the necessary paperwork to initiate the lawsuit.
4. Prepare for Discovery
Both parties will gather and exchange information through a legal process called discovery.
5. Trial or Settlement
Many cases settle out of court, but if no agreement is reached, the case may go to trial.
Challenges in Suing for STD Transmission
Proving Knowledge
One of the most significant challenges is proving that the defendant knew they had an STD and failed to disclose it.
Privacy Concerns
STD-related cases involve sensitive and private information, which might become public during the trial.
Statute of Limitations
In Ohio, the statute of limitations for personal injury claims, including those involving STD transmission, is typically two years from the date of injury. It is crucial to act promptly⁵.
Key Takeaways
References
¹ Ohio Revised Code §2315.18
² Ohio Revised Code §2315.21
³ Ohio Revised Code §2903.13
⁴ Ohio Revised Code §2307.60
⁵ Ohio Revised Code §2305.10