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You might be able to under the infliction of emotional distress theory. The scope of this theory is different from state to state. For example some states may require that distress has to be so severe that it caused a physical injury, like a heart attack or shock. Others may not require a physical element, but allow the suit just for the mental anguish alone. Emotional distress as a tort is relatively new and the rquirement for a physical component was made to have some objective indication that there really had been severe emotional distress. Otherwise, anyone could bring a phony lawsuit alleging an injury that no one could see objectively. If you have not contracted herpes but are emotionally distressed at having been exposed to it in that way, you might be able to sue as long as your state has a liberal theory of the tort of emotional distress.

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15y ago
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12y ago

This is actually not a simple question. Assuming you are talking about a sexual partner, knowingly failing to disclose an STD may be an actionable tort. A number of these suits have been filed with varying outcomes in varying jurisdictions.

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Q: Can you sue someone for not telling you they have herpes even if you don't have it?
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