What other ways could I sue if someone gave me HPV
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What other ways could I sue if someone gave me HPV
I signed a confidential statement and mutual release 3 year ago stating this guy
gave me HPV and we settled for a dollar amount. A year later, I was clear of HPV
and this same person came around my life again last year. I had a check up and
found out I have HPV again. Since I already sued for HPV, what other ways would I
be able to sue this guy? Emotional Distress, Intentional Harm?
Asked on January 8, 2018 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You apparently knew he had HPV since you signed a settlement regarding his HPV 3 years ago. If you then had relations with him after that, he is NOT liable for your disease. A person is liable for giving someone a disease if they intentionally hid or lied about the disease, thereby infecting an unsuspecting person. But if you have sex with someone knowing they are infected, they are not liable--they did not and could not hide anything, since you knew of the disease, and you made the knowing and voluntary choice to be intimate. Therefore, since you had intimate relations with someone whom you already knew had been infected, he is not liable and you are not entitled to compensation for your voluntary act of having sex with this person.
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