What can I do if injured at the nail salon? How? 12 Answers as of May 04, 2015

I recently received a nasty infection after visiting the nail salon. The woman giving me my pedicure pulled a piece of my nail that became red, swollen, and extremely painful. I was told by my doctor that it is infected and, subsequently, was given a prescription of Keflex and Vicodin. The salon is being very uncooperative. What can I do?

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S. Joseph Schramm | Joseph Schramm
As a practical matter, you probably do not have a strong case to file a personal injury case. Your damages would be small, limited to the expenses for the medications your doctor prescribed. As for the pain and suffering involved, unless you lost the use of your finger for any significant period of time or it was broken or you had to be hospitalized, you probably do not have much in the way of damages, at least not enough to expect a large verdict. If you wished to take a chance on filing a claim against the salon you might try filing with the local magistrate. They can handle damage claims up to $8,000.00.
Answer Applies to: Pennsylvania
Replied: 5/4/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Better see a personal injury lawyer. Most businesses dealing with the public have liability insurance, but sometimes the biz owners are reluctant to turn it over to the insurance co.
Answer Applies to: California
Replied: 5/1/2015
Hobbs Law Group
Hobbs Law Group | Kristin E. Hobbs
You can talk to a personal injury attorney about bringing a lawsuit against the salon if your damages are large enough. If you cannot find a personal injury attorney to represent you, you should look into small claims at your local courthouse.
Answer Applies to: California
Replied: 4/30/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Find an experienced personal injury lawyer near you. While you may not have very large damages (fortunately!) you do have a claim of some sort. If the salon is being difficult, a letter from a lawyer will probably make them sit up and listen. Keep in mind that salons have a number of different arrangements with the people who actually do the work on your nails. Sometimes that person owns the shop. In other cases, he or she simply rents the chair, and is an independent contractor, which raises questions about whether the salon is liable for their actions (maybe yes, maybe no). Perhaps the worker is an employee, in which case the liability of the salon is easier to demonstrate. See a lawyer.
Answer Applies to: Wisconsin
Replied: 4/30/2015
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
Sue them in small claims court.
Answer Applies to: New York
Replied: 4/30/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Hire a lawyer to pursue it. Many of the nail salons do not have insurance.
    Answer Applies to: Michigan
    Replied: 4/30/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    This and the other one have been answered. Is there a problem with the system?
    Answer Applies to: Alabama
    Replied: 4/30/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Get a lawyer, sue them. If you can't find a lawyer because the injury is not severe enough, take them to small claims court. Sue for the maximum amount that you can get in small claims.
    Answer Applies to: New York
    Replied: 4/30/2015
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Write the salon a letter, informing them that they are statutorily required to give you their insurance information, and then discuss it with the adjuster from their insurance company. They probably have medical payments coverage that should reimburse you for your medical bills regardless of who is at fault.
    Answer Applies to: Florida
    Replied: 4/30/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Obtain a medical note from your doctor linking your problem/treatment with the salon experience, compile your medical bills and send a written letter to the salon asking that they compensate you for your damage. Alternatively, hire a lawyer to do this. Or file your own suit in Small Claims Court or District Court, depending on the amount you seek to recover (up to $3k I think it is now in SC and up to $25k in DC). Of course, I am assuming that your damages are less than $25k, if more, filing needs to be in Circuit Court.
    Answer Applies to: Michigan
    Replied: 4/30/2015
    Law Offices of George H. Shers | George H. Shers
    This question was already posted and I answered it before.
    Answer Applies to: California
    Replied: 4/30/2015
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