Can a 3rd party be sued for not mentioning and intentionaly giving herpes to someone?

Asked over 5 years ago - Chicago, IL

My now ex fiancé cheated on me while we were still intimate, my problem is that the person that he was cheating with has had Herpes for the last 3 years, I know this because she was a friend of the family. I never told my ex for the reason that it was something that was told to me in confidentiality. As he informed me who he was intimate with I asked him if at any time he used protection and he stated "NO". I also asked him if she ever informed him of having Herpes and it was a NO. He confronted her and all she said was sorry!Now I'm infected and it has not only affected me mentally but my physical health has also been put at risk. Its painful to deal with since I now have to take meds for the rest of my life for this and the physical pain is bad at times, my romantic life will also suffer

Attorney answers (1)

  1. Christopher R. Minelli

    Contributor Level 12

    Answered . There is some case law in the United States that indicates a person in your situation would be able to recover for battery and intentional infliction of emotional distress. Illinois (to my knowlege) has not ruled on the matter as of yet.

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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