The chances of finding yourself in an STD lawsuit maybe aren’t as small as you might think and.In 2011, a California court upheld a jury’s $6.75 million award to Patricia Behr, the ex-girlfriend of millionaire Thomas Redmond, who claimed he had infected her with herpes.Īccording to the Centers for Disease Control ( CDC), more than one in six people aged 14 to 49 have genital herpes, which, for the purposes of our discussion, means two things: State laws vary, but in most jurisdictions, the answer is yes, and a hefty jury award is a definite possibility. He has not denied any of these claims.”Ĭould you sue someone or be sued based on exposure to an STD? Raymond publicly announce whether he is infected with herpes and if so, he must inform all of his past sexual partners. “Everyone, even those who have been swept off by a superstar, deserves respect," said Bloom. Indeed, California has made transmitting a communicable disease, such as herpes, a misdemeanor punishable by up to one year in jail and fines. “The law requires that people with herpes warn their sexual partners or abstain from sex," Bloom said at a press conference. In August 2017, attorney Lisa Bloom announced that she is representing two other women and one man who claim Usher exposed them to HSV-2 as well. Radar Online claimed that Usher settled for $1.1 million in 2012.Īnd then there are other similar lawsuits. In July 2017, Radar Online published documents concerning a lawsuit by a “celebrity stylist” who claimed Usher had infected her with herpes. In fact, based on publicly available information, the most likely end to this case is a settlement. In other words, a dismissal at this stage is highly unlikely. If so, defendants in these types of cases would simply have to say, “Hey, everyone knows unprotected sex is dangerous! Case dismissed, right?” Further, Georgia requires that " he knowledge that a plaintiff who assumes a risk must subjectively possess is that of the specific, particular risk of harm associated with the activity or condition that proximately causes injury."Īrguing that everyone in today’s society knows and accepts the risks of unprotected sex doesn't appear to be "specific" and "particular" enough and would also effectively negate the state supreme court’s proclamation that a defendant could be held liable for negligently transmitting herpes. Usher’s claim that Helm knew the risks of unprotected sex is a bit of a stretch under the state’s “assumption of risk” defense, particularly as it might be difficult to show, as required by Georgia law, that the plaintiff had knowledge of the danger understood and appreciated the risks associated with the danger and voluntarily exposed herself to those risks. Moreover, citing that appellate decision in 2002, the Georgia Supreme Court specifically recognized that a person may be “held liable in tort for negligently or deliberately infecting with herpes, a sexually transmitted disease.”įrom Helm’s allegations in her complaint, there is certainly enough to move forward and allow a jury to decide whether the facts support Helm’s claim that Usher breached his duty of care toward her and whether such breach was the proximate cause of her injuries.
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