Can You Sue Someone for Giving You an STD in Ohio?

TL;DR: Yes, you can sue someone for giving you an STD in Ohio. Legal actions can be based on negligence, intentional infliction of emotional distress, battery, and fraud. To win your case, you need to prove that the defendant knew about the STD, failed to inform you, and transmitted it to you.

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

KEY TAKEAWAYS
  • Yes, you can sue someone for giving you an STD in Ohio under claims such as negligence, intentional infliction of emotional distress, battery, and fraud.
  • Proving that the defendant knew about the STD and failed to inform or protect you is critical for a successful lawsuit.
  • Consulting a lawyer, gathering evidence, and being aware of the statute of limitations are essential steps in pursuing legal action.
  • Privacy concerns and the challenges of proving knowledge are significant factors to consider.

    • 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