Legal Question in Personal Injury in California
I was in a relationship for eight (8) months and we were was sexually active. After the breakup, she informed me that I was being sued for giving her Herpes. I told her before we had sex that I had Herpes. She said it did not pose a problem and I never were a condom. How do I defend myself?
2 Answers from Attorneys
You take the gloves off, as it were, and have your lawyer subpoena her medical records and take her deposition in order to attempt to prove that she either knew about your condition or that she already had it. Not a task for the timid. Maybe your homeowners' or renters' insurance will give you a free lawyer to defend the lawsuit.
If you have little in the way of assets, showing her that so her attorney will see it may not be worth while to go after you. Even if she said it was ok not to use a condom, it was negligent of you not to as herpes can be spread even when there is no physical sign of your having an attack or outbreak.
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