Nail Salon Lawyers
Locate a Local Personal Injury Lawyer
When Are Nail Salons Liable?
Nail salons are liable for personal injury torts when the plaintiff can definitively prove that the salon’s negligence led to injury or illness.
Each state has its own requirements for training and licensing procedures for nail salons. If these requirements are not met, the salon is also liable for violating labor laws.
Common nail salon cases revolve around fungus, but it is also possible to contract more serious viruses through nail salons such as staph infections, MRSA, or hepatitis. If the customer has an open wound, the infection can easily enter the body if the salon has not taken proper care with cleanliness.
In a recent California case, a woman alleged that her botched pedicure caused her pinky toe to be amputated in less than a week.
Can a Plaintiff Recover Remedies in a Nail Salon Claim?
Nail salon claims revolve around negligence charges. There are certain elements that must all be present to prove negligence in personal injury claims.
- Duty of care: it must be proven that the defendant had a legal obligation to provide a certain standard of service to the plaintiff.
- Breach of duty: That duty of care was breached and the required standard of care was not met.
- Injury directly or indirectly caused by breach: It must be proven that the injury was the direct cause of the breach of duty. “Cause in Fact” or “but-for” cases refer to condition in which it can be proven that the injury was directly caused by the breach of duty. “Proximate cause” refers to the idea that the defendant is only responsible for the injuries that were in his or her capacity to prevent.
- Damages: It must be proven that there were physical, emotional, or financial damages as a result of the negligence.
If negligence can be proven, a plaintiff can recover remedies in a nail salon claim.
How Do Nail Salons Defend Against Claims?
Nail salons can defend against claims by proving that the injury wasn’t caused by their own unsanitary conditions. There are statutes of limitations for nail salon claims as well. Each state has their own regulations for tort filings.
Do I Need a Lawyer?
If you have an injury that you believe is the result of nail salon negligence, or you believe a nail salon you know is employing illegal immigrants, you should contact a personal injury attorney immediately. An attorney can help you devise your best case and represent you during settlement negotiations and in court.
Consult a Lawyer - Present Your Case Now!
Last Modified: 07-20-2016 10:25 AM PDT
Link to this page