Can I sue a nail salon for getting a viral wart and infection from a pedicure?

by Tish
(Omaha NE)

I went to get a pedicure at the nail salon I had been going to for 3 years. Later on that night I felt sharp pain in my toe. I figured it was an ingrown toenail. A couple of weeks later it was swollen and I could not wear socks or shoes.

I returned to the nail salon and informed the nail tech. He told me to remove my sock and cut the nail, and told me it should feel better in a couple of days. A couple of days later I had to leave work and see a doctor and was prescribed antibiotics and pain meds.

Three days after that I was in so much pain I went to see a podiatrist who informed me I had a severe viral infection. He prescribed anti-inflammatory meds and shaved layers of skin. He noticed a wart growing under my skin on the toe in question. He also mentioned this infection is contagious.

I'm scheduled to have a minor surgery to have the wart removed next week. Is my case strong enough to sue the nail salon? What can I do? Thank you.

Visitor Question:
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ANSWER for "Can I sue a nail salon for getting a viral wart and infection from a pedicure?":

Tish (Omaha NE):

From the facts you present, you have a weak case against the nail salon owner. There is no direct evidence linking your toe injury to the nail salon. Moreover, at the time you visited the nail salon you didn't experience any pain or discomfort. An insurance company will contend your injury occurred sometime after you left the nail salon and resulted from an unrelated incident.

When the nail salon owner cut your nail, that was not an admission of culpability. To have any chance of succeeding in a personal injury claim against the nail salon owner will require medical proof directly linking your injury and required surgery to the incident at the nail salon.

If you would like to pursue a claim based on the nail salon employee’s negligence, ask your doctor to write a medical narrative support your claim. From a legal standpoint, the medical narrative must show the nail salon’s negligence was the direct cause of your injury and resulting surgery. At this point, under the circumstances, that may be difficult.

Your injuries are serious enough for you to seek the advice and counsel of a personal injury attorney. Fortunately, most injury attorneys do not charge for initial office consultations.

If the attorney accepts your case you will not have to pay any legal fees or costs until, and unless your attorney successfully settles your case, or wins it at trial. Then you will be required to pay the attorney approximately 33-40% of the gross settlement amount or court award.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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