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

TL;DR: Yes, you can sue someone for giving you an STD in Texas. The law allows for civil lawsuits under claims such as negligence, fraud, battery, and intentional infliction of emotional distress. Successfully suing someone for transmitting an STD often requires proving that the defendant knew about the infection and failed to inform or took steps to prevent transmission.

Legal Grounds for Suing for STD Transmission in Texas

In Texas, several legal grounds can be used to sue someone for giving you an STD. These include:

Negligence

To prove negligence, you must demonstrate that the defendant owed you a duty of care, breached that duty, and caused you harm as a result. In the context of STD transmission, this could mean proving that the defendant knew or should have known about their infection and failed to take reasonable steps to prevent transmission¹.

Fraud

Fraud involves intentional deception. If the defendant knowingly misrepresented their STD status or concealed it from you, leading to your infection, you could have a claim for fraud².

Battery

Battery involves intentional and harmful or offensive physical contact. In cases of STD transmission, engaging in sexual activity without disclosing an STD can be considered battery if it results in the transmission of the disease³.

Intentional Infliction of Emotional Distress

This claim requires proving that the defendant’s conduct was extreme and outrageous, causing severe emotional distress. If the transmission of the STD involved particularly egregious behavior, this could be a viable claim⁴.

Steps to Take if You Want to Sue

1. Consult a Lawyer

  • Contact 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 start 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 biggest challenges is proving that the defendant knew they had an STD and failed to disclose it.

Privacy Concerns

  • STD-related cases can involve sensitive and private information, which might become public during the trial.

Statute of Limitations

  • In Texas, the statute of limitations for personal injury claims 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 Texas under claims such as negligence, fraud, battery, and intentional infliction of emotional distress.
  • 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 Texas Pattern Jury Charges – Negligence
    ² Texas Civil Practice and Remedies Code Chapter 41
    ³ Texas Penal Code §22.01
    ⁴ Texas Civil Practice and Remedies Code §73.001
    ⁵ Texas Civil Practice and Remedies Code §16.003