North Carolina recognizes the right of a spouse to sue the other spouse for transmission of a venereal disease. Claims for transmission of disease or STDs are usually based on negligence (duty of reasonable care) or fraud (duty to disclose).
Courts have held that individuals who know (or reasonably should know) that they have such diseases have a duty to either not have sex with their partner or to disclose that they may have the disease beforehand.
Cases involving claims for STD transmission may result in substantial settlements or jury awards.
