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  1. #1
    ilovevenus is offline Junior Member
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    Can you sue someone for giving you an STD?

    I live in Ohio and was wondering if its possible to sue someone for medical bills because they gave an STD? Not only sue for medical costs..but sue for personal anguish as well?
  2. #2
    teflon_jones is offline Senior Member
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    You can sue someone for whatever you want. Whether you'll win or not is another story...
  3. #3
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by teflon_jones
    You can sue someone for whatever you want. Whether you'll win or not is another story...
    A lot of states are recognizing this as a cause of action, and it appears Ohio is one of them. Some quick research turned up this:

    Amendment to felonious assault statute criminalizing failure to disclose known HIV-positive status to a sexual partner was not unconstitutionally vague for failure to define "disclosure," where such term was not confusing or unfamiliar outside a courtroom; person of common intelligence, giving term its ordinary meaning, would know that requirement of "disclosure" required person with knowledge of his or her HIV-positive status to tell any sexual partner of that status before engaging in sexual conduct with that partner. Ohio Revised Code 2903.11(B)(1). State v. Gonzalez, 154 Ohio App. 3d 9, 2003 -Ohio-4421, 796 N.E.2d 12 (1st Dist. Hamilton County 2003), appeal not allowed, 2003 -Ohio- 6458 (Ohio 2003)
    2903.11. Felonious assault.
    (A) No person shall knowingly do either of the following:
    (1) Cause serious physical harm to another or to another's unborn;
    (2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.

    (B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:

    (1) Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;

    (2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;

    (3) Engage in sexual conduct with a person under eighteen years of age who is not the spouse of the offender.

    (C) The prosecution of a person under this section does not preclude prosecution of that person under section 2907.02 of the Revised Code.

    (D) Whoever violates this section is guilty of felonious assault, a felony of the second degree. If the victim of a violation of division (A) of this section is a peace officer, felonious assault is a felony of the first degree. If the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, and if the victim suffered serious physical harm as a result of the commission of the offense, felonious assault is a felony of the first degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.

    (E) As used in this section:

    (1) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.
    (2) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
    (3) "Sexual conduct" has the same meaning as in section 2907.01 of the Revised Code, except that, as used in this section, it does not include the insertion of an instrument, apparatus, or other object that is not a part of the body into the vaginal or anal cavity of another, unless the offender knew at the time of the insertion that the instrument, apparatus, or other object carried the offender's bodily fluid
    Just looks like the penal law limits it to AIDS and not just "any old" STD.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  4. #4
    teflon_jones is offline Senior Member
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    Quote Originally Posted by You Are Guilty
    A lot of states are recognizing this as a cause of action, and it appears Ohio is one of them.
    I was hoping the poster would give more information... It's hard to answer her question based solely on the information she provided. There's a couple of important questions:
    1. What STD?
    2. Did you have any knowledge of it before contracting it?
    3. Did the other person have any knowledge that they had it before they gave it to you?
  5. #5
    seniorjudge Guest
    Quote Originally Posted by You Are Guilty
    A lot of states are recognizing this as a cause of action, and it appears Ohio is one of them. Some quick research turned up this:





    Just looks like the penal law limits it to AIDS and not just "any old" STD.
    OP was asking for rights under the civil law, not what the bad guy could be prosecuted for.

    I live in Ohio and was wondering if its possible to sue someone for medical bills because they gave an STD? Not only sue for medical costs..but sue for personal anguish as well?

    The answer is yes. Go see a personal injury lawyer to see what your case is worth.
  6. #6
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by seniorjudge
    OP was asking for rights under the civil law, not what the bad guy could be prosecuted for.

    I live in Ohio and was wondering if its possible to sue someone for medical bills because they gave an STD? Not only sue for medical costs..but sue for personal anguish as well?

    The answer is yes. Go see a personal injury lawyer to see what your case is worth.
    And my point was it is a recognized cause of action, criminally, so it would be recognized, civilly, as it is merely a matter of whether their Legislature is willing to consider it a battery or not. Apparently, Ohio does.

    Caveat: I know of no states that will support a cause of action for crabs.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  7. #7
    seniorjudge Guest
    Q: And my point was it is a recognized cause of action, criminally, so it would be recognized, civilly, as it is merely a matter of whether their Legislature is willing to consider it a battery or not. Apparently, Ohio does.

    A: That, of course, is totally irrelevant. The action I am talking about has been recognized for around a thousand years in the common law: it's called battery.



    Q: Caveat: I know of no states that will support a cause of action for crabs.

    A: I disagree with this also. I know a place in New Orleans where the crabs get a lot of action.
  8. #8
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by seniorjudge
    A: That, of course, is totally irrelevant. The action I am talking about has been recognized for around a thousand years in the common law: it's called battery.
    Care to wager whether all 50 states (and Puerto Rico & Guam) all recognize a "failure to warn of STD" as a battery?


    A: I disagree with this also. I know a place in New Orleans where the crabs get a lot of action.
    Reminds me of some old graffitti from the courthouse restroom:
    "Please do not throw your used toothpicks in the toilet. The crabs know how to pole vault."
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  9. #9
    seniorjudge Guest
    Q: Care to wager...?

    A: No, gambling is a tax on people who do not understand mathematics.
  10. #10
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by seniorjudge
    Q: Care to wager...?

    A: No, gambling is a tax on people who do not understand mathematics.
    Isn't that why we went to law school? If I was good at math, I'd have a real job
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  11. #11
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by You Are Guilty
    Caveat: I know of no states that will support a cause of action for crabs.
    Maryland is famous for several causes of action for crabs, however they all involve: entrapment
    Often, due process consists of corporal punishment, beating them to a pulp, mixing with crumbs, spices, beer and raw egs, formed into uniform "cakes" or fried naked in oil
  12. #12
    seniorjudge Guest
    Quote Originally Posted by rmet4nzkx
    Maryland is famous for several causes of action for crabs, however they all involve: entrapment
    Often, due process consists of corporal punishment, beating them to a pulp, mixing with crumbs, spices, beer and raw egs, formed into uniform "cakes" or fried naked in oil
    Now I am REALLY tingly!!!
  13. #13
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by seniorjudge
    Now I am REALLY tingly!!!
    Judgy,
    Why is that no surprise?
  14. #14
    ilovevenus is offline Junior Member
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    It's HPV. He claims he doesnt have it and I got it from someone else. I have talked to his roomate who said that he's pulled him in the bathroom to ask what things were on him..and said theres no way this is warts..and picked them off. I know of 2 other girls that have slept with him that now have it..and know of at least 15 that hes slept with since I told him..unprotected. Unknowingly while I was sleeping with him..he was sleeping with 4 other girls at the same time..all unprotected. Before sleeping with him he had only stated he had slept with a couple of girls..which turned out to be around 20. I told him even if he wants to think he didnt give it to me, and I had it before him (and I've have OBGYN which proves otherwise) that needs to at least recognize he was exposed to it. Low and behold..hes still sleeping with girls unprotected..giving them HPV..while Ive now had 12 surgeries and it still wont go away. I want him to pay.
  15. #15
    stephenk is offline Senior Member
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    you have good grounds for a lawsuit. you should also have the other girls he slept with join your case.

    Class action for STD relief.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.

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