Can You Sue a Nail Salon For Giving Infection, Fungus, Or Cuts?
Had a bad experience at a nail salon? Or are you a salon owner wondering if anyone can sue your business? In this article, we have incorporated some of the legal aspects related to nail salons and whether you can sue a nail salon. So, let’s begin.
Can I Sue a Nail Salon For Infection, Fungus, Or Cuts?
Yes. You can sue a nail salon if you get an infection, fungus, or cuts due to negligence, lack of competence, or unhygienic tools/instruments used by the nail technician. If the nail salon has violated the United States Department of Labor’s guidelines, the salon or the nail technician can face financial penalties, criminal charges, or even suspension of the license.
If your claim is minor, i.e. less than $10,000, you need to go to small claims court.
You can opt to hire a personal injury lawyer and file a state-level or district court if you are seeking a larger amount in compensation for an injury or infection that has caused you greater damage like
- The Amputation (removal) of a body part,
- A long-term disability,
- Loss of wages or employment due to leaves taken for a long medical treatment
Please note that, as per the Statute of Limitations rule, you must file your lawsuit against the nail salon within a limited period of time from the incident.
Type of compensation you can claim in your lawsuit against the nail salon
You can claim reimbursement for
- Medical bills and treatments;
- Lost wages for the days you couldn’t go to work due to infection, fungus, or cuts
- Emotional and physical suffering
Examples of Nail Salon Lawsuits
1) In 2019, Lisa Scarborough sued a Florida-based nail salon because she got an infection in her feet after getting cut during a pedicure. The infection got worsened, she went into a coma, and her toe was amputated (removed) to stop the infection from spreading. She lost the case because the nail salon’s insurance didn’t cover the personal injury caused by the manicurist. And the manicurist didn’t have enough personal assets to cover the compensation amount.
2) In 2018, Clara Shellman sued Tampa’s Tammy’s Nails. A pedicurist cut her foot with a dirty tool, which caused an infection and the physicians had to amputate her leg from the knees to save her life. She won the case and received $1.75 million in compensation.
3) In 2009, a woman in Maryland sued a nail salon when she got severe burns due to an explosion in the wax warmer filled with chemicals. She got $1,000,000 in the settlement.
In the same year, in Maryland itself, another woman filed a lawsuit against a nail salon when a pedicurist used an illegal razor and cut the plaintiff’s heel. The jury awarded her $20,085 compensation as it was proven that the salon owner hired the pedicurist even after knowing that he is unlicensed.
Things to know before suing a nail salon for infection, fungus, or cuts
If your injury or infection is too severe that caused a body part removal, a long absence from the workplace resulting in a substantial wage loss, or caused you a huge medical bill, you should file a lawsuit. But if your injury or infection is minor and you got recovered within a week without any substantial medical procedures, a lawsuit is not a recommended option. Although receiving bad service at a nail salon is frustrating, a lawsuit might not be a practical solution if the damage is small.
You must prove that the infection, injury, cuts, or fungus is caused by
- the salon’s unhygienic tools,
- the incompetence of the employee,
- harmful chemicals, or
- lack of generally accepted safety norms.
If the case is clear like the salon has hired an uncertified professional, you can quickly win it. But in the case of unhygienic tools and negligence, the charges are difficult to prove.
You should also be aware of a term called Contributory Negligence. If it is proven that you’re also partially responsible for the damages, you won’t win the lawsuit.
For example, when you visit the nail salon, you might already have a fungus infection which got worsened by the salon’s unhygienic tools. Or, After getting an infection at a nail salon, you waited for a long time to seek medical treatment which worsens the situation.
Hence, choose to sue a nail salon only when the damage is significant.