Today I had my feet done at a nail salon. The girl who did them scraped my little toe so badly that it bled. I took a picture while at the salon and paid with my debit card. When I got home my toe was still bleeding. So far I've changed the bandage twice. It is very painful. I will be going to my foot doctor tomorrow to have it checked.
What else can or should I do? Is there any legal action should take against the salon? I live in New Jersey.
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ANSWER for "Cut at Nail Salon...":
Brenda (Jersey City, NJ):
Unless the cut turns into a serious and untreatable infection you really don't have much of a claim. If by chance the cut causes permanent scarring you might have a better claim.
You were right to seek medical help soon after the accident. At minimum you have a legitimate claim against the nail salon for the cost of your medical visit, any prescriptions the doctor may prescribe, as well as any over-the-counter medications or bandages you may still need.
Save any parking fees from your doctor's parking lot (if applicable). If you really want to be detailed, you might calculate the mileage to and from your doctor's office and add a claim for the gas money as well.
Also, if you have to miss work to see the doctor or to stay at home while recovering you'll have a legitimate claim for the wages you may lose. You certainly shouldn't have had to pay for your salon pedicure that day. If you did you should be reimbursed.
After returning from the doctor wait a couple of days before you take any action against the nail salon. Make sure you have receipts for all of the above. Once you have them make copies and be ready to present them to the salon owner or manager.
You certainly have right to ask for an additional amount for your pain and suffering. Presuming this is a cut which will heal in a few days you might ask for an amount equal to the receipts you have. That would be a reasonable additional amount for pain and suffering.
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.
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