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Did You Suffer An Injury After A Nail Salon Visit?
Nothing lifts my mood faster than a gorgeous manicure. The majority of America agrees with this sentiment; the market size of the nail salon industry is valued at $8+ billion, with almost 395,600 nail technicians and just over 56,300 individual nail salons in the country.
However, alongside the luxury and relaxation, there have been concerning reports of nail salon infections that have led to various health complications. A 2017 study found that as many as 42% of nail salon patrons experienced skin issues following a nail salon visit, and at least 10% developed fungal infections. Similarly, a related study reported a need for “comprehensive chemical use training” for salon workers and more research on the exposure to hazardous materials in nail salons.
As a result, nail salon infection lawsuits have emerged as a means for affected individuals to seek compensation for their subpar experiences. Here are a few legal aspects of a nail salon visit and how to pursue a successful salon infection lawsuit. Let us get right into it with some frequently asked questions below.
Can I Sue my Nail Salon for Cuts, Infections, or Fungus?
Nail salons are responsible for ensuring their customers’ well-being and safety by taking measures to prevent any foreseeable harm. Suppose you experience an infection, fungus, or cuts resulting from negligence, lack of competence, or a nail salon technician’s use of unclean tools or instruments. In that case, it is possible to take legal action and file a lawsuit against the salon.
By demonstrating that the nail salon breached its duty of care towards you as a customer and that their actions or omissions directly caused your injuries or health issues, you may have grounds to sue. Gathering evidence such as medical records, photographs, witness statements, and other relevant documentation is important to support your case.
If the nail salon is found to have violated the relevant Occupational Safety and Health Administration guidelines as set by the United States Department of Labor (USDOL), the salon or the nail technician involved may face consequences such as financial penalties, criminal charges, or even the suspension of the salon’s license.
Additionally, regulatory agencies responsible for licensing and oversight of nail salons may take action against the salon or the nail technician, including license suspension or revocation.
Can I Still Sue if I Signed a Waiver?
While it is true that signing a waiver or consent form before receiving treatment at a nail salon does not completely prevent you from pursuing a claim for compensation in case of negligence, the specific impact of such a waiver can vary depending on various factors, including local laws and the circumstances of your case.
Signing a waiver or consent form acknowledges your understanding of the treatment you will receive and any associated risks. However, it does not absolve the nail salon or its employees from their duty to provide a reasonable standard of care during the treatment. If negligence or improper practices during the treatment result in an infection or harm to you, you may still have grounds to pursue a compensation claim.
When seeking legal advice or a case review, providing a copy of the waiver or consent form and any other evidence you have is beneficial. This documentation can be used to understand the treatment details, identify potential violations, and assess the overall circumstances of your claim.
To understand the specific implications of the waiver or consent form you signed and to determine the strength of your potential claim, it is advisable to consult with a qualified injury attorney who specializes in personal injury or negligence cases. They can evaluate your case, consider the relevant laws and regulations, and provide you with tailored advice based on the specific details of your situation.
Where are Salon Infection Lawsuits Prosecuted?
The state or small claims courts solve salon infection lawsuits. If you can provide evidence that the negligence of a nail technician resulted in your injury and demonstrate the financial impact of the harm caused, you can file a lawsuit. However, it’s important to know that filing a lawsuit can be costly. Attorney fees can be high, especially when expert witnesses are involved in building your case.
In most personal injury cases, plaintiff attorneys typically work on a contingency basis, meaning they only receive a payment if they win the case or secure a settlement. However, attorneys may be more inclined to take on cases with higher estimated verdict amounts. If the injury is severe, such as losing a finger, it is more likely to attract a contingency-based attorney. However, for less severe injuries, such as an infection that healed within a week, finding an attorney who will work on a contingency fee basis may be more challenging. In such cases, you may need to pay the attorney’s fees out of your pocket upfront, and the costs may exceed the potential award.
Considering the potential costs and benefits before pursuing legal action is crucial. Consulting with a personal injury attorney can give you a better understanding of the strength of your case, the potential outcomes, and the associated costs. They can guide you through the legal process and help you make an informed decision about pursuing a lawsuit.
Small claims court can be a viable option if your claim is considered too minor to pursue in state court. It provides a more accessible and informal setting for individuals to resolve their legal disputes before a judge. Unlike a full trial, a small claims court allows for a simplified and expedited process.
The monetary limit for small claims court varies depending on local laws, but it is generally set at $10,000 or less. It means that if the compensation you seek falls within this limit, you can file a lawsuit in small claims court. In small claims court, both parties represent themselves and present their arguments and evidence. The judge then listens to both sides of the case and issues a verdict based on the presented information.
Small claims court provides an accessible and cost-effective option for individuals to seek resolution for minor legal disputes without hiring attorneys or going through a lengthy trial process. It is advisable to familiarize yourself with the rules and procedures of small claims courts in your jurisdiction to ensure you meet the requirements and understand the process involved.
What Form of Compensation can I get for a Nail Salon Injury?
A person who has suffered an injury at a nail salon may be eligible to receive various types of compensation similar to those awarded in a negligence lawsuit. These compensatory damages can include reimbursement for medical expenses and treatments, compensation for lost wages resulting from the injury, and damages to address physical and emotional pain and suffering.
In exceptional circumstances, punitive damages may also be awarded. It is important to note that while not considered a form of damages, individuals can also file a consumer protection complaint to help prevent future injuries at the nail salon and protect others from harm.
Are there Time Limits for Claiming Compensation from a Nail Salon?
The statute of limitations serves several purposes in the legal system. One of its primary functions is to ensure that claims are brought within a reasonable time frame, allowing for the availability of evidence and the ability of parties to present their cases effectively. Over time, evidence can be lost or deteriorate, and memories can fade, making it more challenging to establish the facts surrounding a particular incident. By setting a time limit, the statute of limitations encourages prompt resolution of legal claims while the necessary evidence is still accessible to everyone.
Additionally, the statute of limitations promotes fairness by preventing individuals from living under the constant threat of being sued for incidents that occurred many years ago. It provides a sense of closure and allows people to move on with their lives without the perpetual fear of litigation hanging over them.
The specific period set by the statute of limitations for personal injuries depends on the state and is typically within the range of two to four years for most civil claims. Once the statute of limitations expires, the claim is considered time-barred, and the affected party can no longer file a lawsuit seeking compensation for their losses.
Knowing the applicable statute of limitations for your particular claim and jurisdiction is important. Failing to file a lawsuit within the specified time frame can result in losing your legal rights to seek compensation for the harm you have suffered. Therefore, it is advisable to consult with an attorney or legal professional to understand the statute of limitations and ensure that your claim is filed promptly.
How do I Increase my Chances of Succeeding in a Nail Infection Lawsuit?
It is essential to prioritize your health and seek medical attention if you notice any health issues after visiting a nail salon. A proper diagnosis and treatment by a physician will ensure your well-being and provide objective evidence of any infection or harm you may have suffered. This evidence will be valuable in building your case if you decide to pursue compensation. Besides that, remember to keep a record of all expenses related to the infection, including medical bills, lost wages, and any additional costs incurred, as these can be included in your compensation claim.
In many cases, nail salons carry liability insurance coverage, which can simplify the process of seeking compensation. Having experienced lawyers who specialize in nail salon infection cases can be beneficial as they can negotiate with insurance adjusters on your behalf and work towards achieving a favorable outcome promptly.
Speak With a Lawyer About a Nail Salon Infection or Injury
If you would like to learn more about your legal options for compensation or have any further questions, call our number, (800) 364-4444, for a consultation. We have experienced personal injury lawyers who will provide you with detailed information and guidance based on the specifics of your situation. Get in touch today to learn more!