Chemical burn from pedicure...
(Las Vegas , NV)
On March 2 I went in for a pedicure. The place appeared clean and there were nice people. I could see the state license on the wall by the nail stations. I decided on the leg message with pedicure.
About 40 min. into it, the nail person, who spoke only a couple of words in English, was holding my right foot with her gloved hand and was scrubbing the ball of the foot. I started to feel a burning sensation and thought it was from her hand holding on. As it got worse I complained that the top of the foot felt like it was on fire.
A male on the next station asked me where, I explained the location and he said everything would be fine, they just needed to rinse the area. He said something to my worker and she washed off the area. After the procedure I went to put on my shoes and felt the outside edge of the right foot was very tender. I thought due to the scrapping.
When I got home I took of the shoe, and by then the foot was really burning. I immediately noticed that it looked like a chemical burn, which years ago I had been trained to notice.
I drove back to the location and explained how the foot looked burned. After looking at it, they tried to explain it as being ok and that they themselves had spots on their arms from the splashing of the lotion.
I asked to see the bottle, and the owner pointed to a white gallon size container with no labels. She said they pour it into small bottles and were out of the product. She eventually showed me an invoice from the supplier. It did not have the name of the product and the owner did not know it.
I asked if she had a paper with the name or chemicals in the product. She said no. While I was there I called the supplier. She said that the only thing that could cause the burn was the Callus Remover. She said it was from TLG. I asked if she had an MSDS sheet for the product, she did not.
I went back home and tried to find information or MSDS for the product. I had to call the supplier several times to find the name of the distributor and more information on the product. We finally came up with it. Their web page had no information at all on the products and also no MSDS files. I called the number and left a message to please call me.
Waking up on 3-3-2016 the foot was raw and hurt like heck. I could not walk very well because the outside edge was so raw, feeling like it was cut open. The foot still felt like it was burning, even after a shower.
I decided to go to Urgent Care to have it looked at. The report shows that it was a chemical burn. I was given a prescription for Silvadene cream and Norco pain pills. After it was wrapped with the crème the burning sensation diminished.
On 3-4-2016 I started to look up the Salon on the LV Cosmetology web. I could not find it. Since I have a possible permanent injury to my foot from the BURN, is there anything I can do? Do I file a claim or lawsuit against the salon or manufacturer? Thank you for any information you can provide.
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ANSWER for "Chemical burn from pedicure...":
Mark (Las Vegas , NV):
There seems to be no issue as to liability. The injury to your foot was clearly caused by the salon’s employee, and the cream she used on your foot.
According to the Occupational Safety and Health Administration, the Material Safety Data Sheets (MSDS) you refer to lists specific dangers for hazardous chemicals and provides proper handling and emergency control measures.
The substantive issue involved in this incident is the extent and severity of your injury. If your injury will prevent you from walking for more than a few days, or leaves a permanent scar, then you may have the basis of a viable personal injury claim.
However, if the pain and discomfort from the burn is transitory and leaves within a matter of days, then your claim against the salon will be limited to reimbursing you for your urgent care bills and out of pocket costs for your medications.
When discussing an injury claim against the manufacturer, you are referring to a defective product claim, also called a product liability claim.
To pursue a product liability claim will require expert legal counsel. Unfortunately, because of the massive litigation involved, it will be nearly impossible for you to find an attorney to agree to represent you. There just isn't enough money in your case to make it worthwhile for an attorney to agree to file suit against the manufacturer.
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,
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