I live in the state and Washington and was wondering if I have a case for defamation? I have an ex-girlfriend who saw me with a female friend in public. I don't know what she was thinking but she is now trying to sue me for transmitting HSV-2 to her. Unfortunately for her I don't have HSV-2 and have test results to prove it. Because of her reckless actions I was publicly humiliated and some of my peers have dissociated themselves from me. But most importantly my female friend wasn't any drama dealing with my ex-girlfriend. Do I have a case?
1 Answer from Attorneys
Defamation per se includes (false):
Allegations or imputations "injurious to another in their trade, business, or profession"
Allegations or imputations "of loathsome disease" (historically leprosy and sexually transmitted disease, now also including mental illness)
Allegations or imputations of criminal activity.
In the common law tradition, damages for such false statements are presumed and do not have to be proven.
Washington State has struck the statute on defamation, so your case would be reliant on the common law.
Whether there is anything you can collect against is another question that an attorney may ask.