Visitor Question

Cut on my heel during a pedicure… What can I do?

Submitted By: Anna (Kissimmee, FL)

I had a pedicure and the girl doing it cut my heel with an improper tool. I went to the doctor and he said it was starting to get infected. Now I have to stay off it. I will be on crutches and out of work for at least 3 days. What can I do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anna,

Anna

The facts you present do not indicate if, on the day you visited the pedicure salon, you brought your injury to the attention of the owner or manager before leaving. We will presume for now you did not. It may have been because you didn’t notice the cut until it worsened, or some other valid reason.

With that in mind the best thing to do is write a letter to the owner or manager of the business, sending the letter certified, return receipt requested. The letter should not be threatening in tone, nor conciliatory in its nature.

In the letter you should state the following:

1. Identify yourself.

2. Refer to the date of the injury.

3. If you know it, reference the name of the attendant who accidentally cut you. If you spoke with the manager or owner reference her name as well.

4. Give a brief summary of what occurred when you visited their shop that day.

5. Summarize the costs you expended for your medical bills and any other out of pocket expenses such as medications, bandages, and even hospital or doctors parking lot fees.

6. Mention the necessity of missing work for 3 days as a result of the attendant’s use of the improper tool. Indicate the wages lost for those 3 days.

7. Ask for compensation for your actual and out-of-pocket expenses, as well as lost wages for the three days missed.

8. Add to that amount a reasonable sum for your Pain and Suffering.

Total the amounts and ask to be paid the full amount as soon as possible. Explain if the matter is not settled amicably and within 5 business days of their receipt of your letter you will regrettably seek legal action.

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

Best of luck,

Published: April 7, 2011

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