Getting your nails done has become a regular part of life for many people, and the nail salon industry is booming. It’s now a multi-billion dollar business, and nail salons are seemingly everywhere.
But going to a nail salon isn’t without its risks. Infections, allergic reactions, and even injuries can happen if salons don’t follow proper hygiene and safety procedures.
So, what happens if you get nail fungus or another injury at a nail salon? Can you sue a nail salon for nail fungus or other harm? The answer isn’t always straightforward, but you may have legal options.
This article will explore the legal grounds for suing a nail salon, the kind of evidence you’ll need to build a strong case, and the types of compensation you might be able to recover if you win.
Nail salon liability and negligence
Can you sue a nail salon for nail fungus? The answer is yes, potentially, but it depends on whether you can prove the salon was negligent. Here’s what you need to know.
The duty of care
Nail salons have a “duty of care” to their customers. This means they must take reasonable steps to keep you safe and prevent any harm they can foresee.
A nail salon might breach its duty of care by:
- using unsanitary practices
- failing to sterilize tools correctly
- employing technicians who aren’t properly qualified
What is negligence?
In the context of nail salon services, negligence is a failure to meet the expected standard of care. Examples of negligence include:
- not keeping the salon clean
- using tools that haven’t been sanitized
- not providing staff with adequate training
If a nail salon’s negligence leads to you developing a nail fungus or another infection, that could form the basis of a lawsuit.
Common injuries and infections in nail salons
You can pick up all sorts of things in a nail salon, even when the salon appears clean and professional.
Common infections include:
- nail fungus
- bacterial infections like paronychia (an infection of the skin folds around the nail)
- viral infections like warts
It’s also possible to get injuries like cuts, burns from chemicals, and allergic reactions.
A 2017 study found that over 40 percent of nail salon customers had some kind of skin issue. At least 10 percent developed a fungal infection.
Good hygiene practices are very important in nail salons. Sterilization of tools is also important. These practices can help prevent infections and injuries.
Establishing Grounds for a Lawsuit: Evidence and Documentation
If you think you got a nail fungus from a nail salon, you’ll need to show that the salon was negligent in some way and that its negligence directly led to your infection. That means you’ll need to gather evidence and documentation to support your claim.
The Importance of Medical Records
If you suspect you have a nail infection from a salon visit, get medical attention right away. Your medical records are the most important evidence you’ll have to show that you have an injury and what likely caused it. Be sure to tell your doctor about your salon visit. Keep careful records of all your medical appointments, treatments, and expenses.
Gathering Evidence
Beyond your medical records, other evidence can help your case:
- Photos of the salon, its tools, and your injury can provide visual evidence of unsanitary conditions or improper practices.
- If anyone witnessed the incident, their statements can support your claim.
- Your service records from the salon can establish that you were a customer.
You’ll need to demonstrate a clear link between the salon’s actions (or lack of action) and your injury. This might involve showing that the salon didn’t properly sterilize its tools or that it failed to follow basic hygiene practices.
Violations of Safety Standards
The Occupational Safety and Health Administration (OSHA) sets guidelines for workplace safety, including nail salons. If the salon violated OSHA standards, such as failing to provide proper ventilation or exposing employees to hazardous chemicals, it could strengthen your lawsuit. Document any observed violations of safety standards.
Can I Still Sue if I Signed a Waiver?
Waivers aren’t always ironclad. Just because you signed one doesn’t automatically mean the nail salon is off the hook if they were negligent. A waiver might protect them from being sued for minor accidents, but it’s less likely to hold up if their actions were seriously careless.
Generally, waivers aren’t enforceable if the salon was grossly negligent or acted intentionally to cause harm. Think of it this way: a waiver can’t excuse really bad behavior.
If you signed a waiver and now have nail fungus, talk to a lawyer. They can review the waiver and the circumstances of your case to determine if it’s valid and whether you still have grounds to sue.
Where to file your lawsuit: Court options
If you decide to sue a nail salon, you’ll generally have two court options: state court or small claims court. State court is where you’ll file most lawsuits. But if your damages are relatively minor, you may want to consider small claims court. It’s a faster and cheaper process than a full-blown lawsuit.
The amount you’re trying to recover usually determines which court is the right choice. Every state has a limit on how much money you can sue for in small claims court, so if your damages exceed that, you’ll have to go to state court.
Types of Compensation Available
If you’re filing a lawsuit against a nail salon, you’re probably wondering what kind of compensation you can recover. Here’s a breakdown of the types of damages you can pursue:
- Medical Expenses: This includes all the costs associated with treating your nail fungus or other injury, like doctor’s visits, prescription medications, and any necessary procedures. To prove these damages, you’ll need to provide medical bills and records.
- Lost Wages: If your injury caused you to miss work, you can claim lost wages. You’ll need to provide documentation from your employer, like pay stubs or a letter verifying your missed time and earnings.
- Pain and Suffering: This is compensation for the physical pain, emotional distress, and mental anguish you’ve experienced as a result of the nail salon’s negligence. Proving pain and suffering can be tricky, but evidence like medical records, photos, and personal testimony can help.
- Punitive Damages: In rare cases, if the nail salon’s conduct was particularly egregious or reckless, you may be able to recover punitive damages. These damages are intended to punish the salon and deter similar behavior in the future.
Keep in mind that the amount of compensation you can recover will depend on the specific facts of your case and the laws in your state. A lawyer can help you assess the potential value of your claim.
Time Limits: Statute of Limitations
If you think you have a case against a nail salon for a nail fungus infection, it’s crucial to understand that you don’t have forever to file a lawsuit. There’s something called a “statute of limitations,” which puts a deadline on when you can bring a personal injury claim.
These time limits vary depending on where you live, so the absolute best thing to do is talk to a lawyer right away. They can tell you exactly how long you have to file in your specific jurisdiction.
Generally, in most places, you’re looking at a statute of limitations period of one to three years for a personal injury case. So, don’t wait. Time is of the essence!
Maximizing Your Chances of Success
So, you think you have a case? Here’s how to improve your chances of getting the compensation you deserve:
- Gather solid evidence. The more you can document the salon’s unsanitary practices and the link to your infection, the better. Photos, witness statements, and medical records are your friends.
- Talk to a personal injury attorney. Find someone who knows nail salon infection cases. They’ll assess your situation, explain your options, and help you navigate the legal maze.
- Understand the insurance landscape. Does the salon have insurance that covers this kind of thing? Your lawyer can help you figure that out.
Seriously, don’t try to go it alone. A good lawyer is crucial. They’ll be your advocate and guide you through every step of the process, protecting your rights and fighting for the best possible outcome.
Final Thoughts
You can sue a nail salon for nail fungus or other injuries if you can prove their negligence caused your injury. This could happen if they didn’t follow proper sanitation procedures, used unsanitary tools, or were otherwise careless in providing their services.
If you believe you have a valid claim, start by documenting everything. Take photos of your injury, keep records of your medical treatments, and gather any evidence that supports your claim that the salon was negligent. Then, talk to a lawyer who specializes in personal injury cases.
A lawyer can help you evaluate your case and decide the best way to proceed. It’s important for nail salons to maintain high standards of hygiene and safety to prevent injuries and keep their customers safe.