There are a wide variety of legal claims based on personal injury law. But, basically, if there is an issue of negligence then you may have a legal claim for your injury. That includes bringing a claim is you develop an infection after visiting a nail salon. You may not have considered this, but if a nail technician fails to perform within the standard of care for that industry and you contract an infection, you may be able to hold the salon and the technician responsible.
What is the Expected Duty of Care?
A nail salon and its technicians owe customers a duty of care to protect them against foreseeable injury. For example, all instruments that are used for grooming nails are required to be sterile. A nail technician who uses non-sterilized tools or uses a tool incorrectly, leading to injury, is considered to have breached the duty of care expected for that industry. If you are able to demonstrate that the technician was negligent in performing his or her duties, then you may have a claim under personal injury law.
Weighing the Costs of Bringing a Claim under Personal Injury Law
Proving negligence and demonstrating that the nail technician breached the standard of care are not the only things required to bring a successful claim under personal injury law. You must also be able to prove your damages – that is, the value of what you lost and how much it will take to make you whole. However, you must also weigh the amount of those damages with the cost of bringing a lawsuit. Court filing fees and expert witnesses can be pricey.
You will also have to consider attorneys fees. Depending on the type of case and the practices of your lawyer, you may not be able to pursue your claim on a contingency basis. That means you only pay your attorney based on what you recover. If your injuries were not particularly severe, for example, you recovered from your infection in less than a week, bringing a legal claim under personal injury law may not be worth it in the end.
Woman Brings Claim for Possible Amputation of Finger Following Nail Salon Visit
The other end of the spectrum from a week-long infection is one that ultimately requires amputation of a finger. This is what happened to an Arizona resident who got her nails done and contracted a serious infection. At one visit to the salon she had routinely patronized, the nail technician nicked her finger with one of the tools and her finger became seriously swollen the next day. When she returned to the salon to let them know what happened, they gave her $100 and recommended that she keep the wound clean. Unfortunately, the wound progressed down to the bone and a surgeon said she may need to have the finger amputated.
The Dangers of Bacterial Infections
Believe it or not, nearly 75% of nail salons in the United States do not properly disinfect their manicuring instruments. When these unsterilized tools cause minor traumas to the skin, an infection can result. There are several life-threatening bacterial infections that can be contracted, including Hepatitis B, MRSA, and Staph.
Other Examples of Nail Salon Injury Claims
In Virginia, a salon customer was awarded more than $1 million in damages after she developed a cutaneous mycobacterial infection that scarred her legs after her feet were soaked in an unsanitary pedicure basin. Another case resulted in a $3.1 million award after the customer contracted both herpes and bacterial infections on all ten of her fingers because of unsterilized equipment.
What Should I Do if I Suffer an Infection?
If you or a loved one contracts an infection after visiting a nail salon, the first step is to obtain medical treatment. Do not neglect even a small infection because they can easily lead to a larger problem. Be sure to retain all of the medical bills and records that you obtain from your treatment. The next step is to speak to a personal injury law attorney who can assess your claims and give you advice on how to proceed.
If you have questions regarding personal injury law claims or any other personal injury matters in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation. You can contact us either online or by calling us toll-free at (888) 616-6356.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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