Can You Sue Someone for Giving You an STD?
Reference Guide
Yes, in many states — but not simply because you got infected. Courts have allowed these claims when the other person knew, or had reason to know, they were infected and did not tell you, or lied about it. This is an individual personal-injury lawsuit, not a class action: there is no settlement fund, no claim form and no deadline to sign up for.
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What a Lawsuit Like This Claims
An STD lawsuit is a civil claim between two people. The plaintiff asks for money damages; nobody goes to jail because of it. The usual legal theories, all taken from the published cases:
Negligence — the partner knew or should have known they were infected and failed to take care. Battery — consent to sex is not consent to an infection the partner concealed. Fraud — the partner said they were disease-free, and you relied on it. Intentional infliction of emotional distress, which overlaps with our page on emotional distress lawsuits.
In Kathleen K. v. Robert B. (1984), the complaint pleaded exactly those four claims over genital herpes. The hard part is rarely the theory. It is proof: that this person infected you, and that they knew or should have known.
Case details
Two California rulings are the ones courts and lawyers cite most.
Kathleen K. v. Robert B., 150 Cal. App. 3d 992 (1984). The trial court threw out a herpes-transmission suit; the Court of Appeal reversed. It rejected the argument that courts should not “supervise the promises made between two consenting adults,” holding that the right of privacy “does not insulate a person from all judicial inquiry into his or her sexual relations.” Read the opinion.
John B. v. Superior Court, 38 Cal.4th 1177 (2006). The California Supreme Court, in an opinion filed July 3, 2006, held that a negligent-HIV-transmission claim “lies against those who know or at least have reason to know of the disease” — actual diagnosis is not required. The court noted that “the majority of states who have addressed the issue” use the same actual-or-constructive-knowledge standard. It limited its holding to an engaged, then married couple and a partner who allegedly claimed to be monogamous and disease-free; it expressly left open casual encounters. Read the opinion.
Where the Law Stands in October 2026
• A claim is strongest when the partner knew they were infected, or had clear signs, and hid it or lied.
• “They didn’t know” is a real defense. Under the John B. standard the question is whether they had reason to know — symptoms, a positive test, a partner who told them.
• Casual-encounter cases are less settled; the California Supreme Court declined to decide them.
Criminal law is separate. California’s SB 239, effective January 1, 2018, turned intentional transmission into a misdemeanor that requires specific intent and actual transmission. The Center for HIV Law and Policy counts 32 states that criminalize people living with HIV (maps updated September 15, 2026).
Who Can Bring an STD Claim
You may have a claim if all of these fit:
1. You were infected — a diagnosis from a doctor, with a date.
2. This person was the source — often the hardest element. In the Oregon herpes case described below, the plaintiff pointed to a clean checkup a few months earlier and an outbreak 11 days after sex.
3. They knew or had reason to know — texts, a prior diagnosis, prescriptions, a previous partner who told them.
4. They did not tell you, or lied — and you would not have had sex, or unprotected sex, otherwise.
Expect the other side to dig into your sexual history too. In John B., the court allowed discovery into the defendant’s medical records and sexual history but limited it to the six months before his negative HIV test of August 17, 2000. Deadlines vary by state; see statute of limitations by state.
How Much Can You Sue Someone for an STD?
One reported example, not a benchmark: in 2012 an Oregon jury awarded a plaintiff $900,000 for pain and suffering after finding her partner transmitted herpes and committed battery, as reported by law professor Jonathan Turley. The jury also found her 25 percent responsible, so the defendant was ordered to pay 75 percent. Many defendants have little money, and whether insurance covers such a claim is a separate question — collecting a judgment is not the same as winning one.
How STD Lawsuit Law Developed
1984 — Kathleen K. v. Robert B.
A California appeals court reinstates a genital-herpes suit pleading negligence, battery, emotional distress and fraud, rejecting a privacy defense.
July 3, 2006 — John B. v. Superior Court
The California Supreme Court holds that a person who has reason to know they have HIV can be liable for negligent transmission.
2012 — $900,000 Oregon Herpes Verdict
A jury finds a partner liable for herpes transmission and battery, with 25 percent of the fault assigned to the plaintiff.
January 1, 2018 — California SB 239 Takes Effect
California repeals its HIV-specific felony and makes intentional transmission of any communicable disease a misdemeanor.
February 26, 2025 — CHLP Webinar on New HIV Criminal Law Maps
The Center for HIV Law and Policy hosts a webinar walking through its updated state-by-state maps of HIV criminal laws.
September 15, 2026 — Maps Updated Again
The latest CHLP update counts 32 states that criminalize people living with HIV and 28 with penalty enhancements.
Three Things to Watch For
Because this is a private, embarrassing claim, people tend to handle it quietly — which is where these traps appear:
“STD lawsuit settlement” claim pages
There is no class action or settlement fund for STD transmission. A site asking for your diagnosis, Social Security number or a fee to “claim your share” is collecting data, not filing anything.
Threats to expose instead of suing
Demanding money in exchange for not revealing someone’s diagnosis can cross into extortion, and posting it publicly can invite a defamation or privacy claim against you. A lawyer’s demand letter is the lawful route.
Fake test results as “proof”
Screenshots of lab results are easy to fabricate in either direction. Courts rely on records obtained through discovery, so keep your own original medical records and do not accept or send edited images as evidence.
STD Lawsuits — Questions People Actually Ask
Short answers to the questions people ask most about this case.
Can you sue someone for giving you an STD?
Yes, in many states. Courts have recognized negligence, battery, fraud and emotional-distress claims when the partner knew or had reason to know they were infected and did not disclose it. You still have to prove they were the source and that they knew or should have known.
How much can you sue someone for an STD?
There is no set amount. Damages depend on medical costs, lost income and pain and suffering, and on whether the defendant can pay. One reported Oregon jury verdict in 2012 was $900,000 for pain and suffering, reduced by the plaintiff’s 25 percent share of fault. That is one case, not a typical figure.
Can you sue someone for giving you an STD if they didn’t know?
Usually not if they truly had no reason to know. Under John B. v. Superior Court (2006), liability reaches those who know “or at least have reason to know” — for example after symptoms, a positive test or a partner’s warning. Genuine ignorance is a defense.
Can I sue my boyfriend for cheating and giving me an STD?
Cheating by itself is not something you can sue over in most states. The claim is about the infection: if your partner knew or had reason to know, and claimed to be monogamous or disease-free, that is close to the facts in John B., where the court allowed the case to go forward.
Can you prove who gave you an STD?
It is the hardest part. Useful evidence includes a negative test before the relationship, the timing of symptoms, and the partner’s own records or messages. Courts can order limited discovery of the defendant’s medical records, but they also let the defendant examine your history.
What are the four incurable STDs?
We only state what CDC sources confirm: CDC says there is no cure for genital herpes, and no effective cure for HIV. Medicines can control both. Ask a clinician about other infections. For a lawsuit, a lifelong infection generally means larger damages than one cured with antibiotics.
Can you go to jail for giving someone herpes or another STD?
In some states, yes, but that is a separate criminal case brought by prosecutors, not by you. In California, since January 1, 2018, it is a misdemeanor requiring specific intent to transmit and actual transmission. The Center for HIV Law and Policy counts 32 states that criminalize people living with HIV.
What should I do first?
Get tested and treated, and keep the dated records. Save messages in which the partner discussed their status. Write down dates while you remember them. Then talk to a personal-injury lawyer in your state before the filing deadline — and do not post accusations publicly.
About This Information
- Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated
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This page is for general information only and is not legal advice. Lawsuit status, eligibility, and compensation can change. Settlement Insight is not a law firm and does not represent any party. Consult a licensed attorney about your specific situation.
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