Visitor Question

Defending an Injury Claim Against a Nail Salon…

Submitted By: Jan (Killeen, TX)

An employee, whom is an independent contractor working under a booth rental, has caused an injury to a client. The injured client is now trying to make a personal injury claim against us, the owners.

Our insurance does not cover this due to the contract work and booth rental. How should I address the letter to the client, and how am I to handle this situation?

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 Jan,

Below is the form letter you might be well-served to complete and send certified, return receipt requested…

=========

November ___, 2011

Dear Mr./Ms.________

It is my understanding on _____, November __, 2011 you were injured while visiting with Mr./Ms._____________, at (company name).

Although we regret your injury we must inform you Mr./Ms._________ and (company name) is an independent contractor. As a result we cannot assume any liability for his/her actions. You would be best served by taking up your claim with them.

Yours truly,

______________ (company name)

by:___________ (vice president or other company capacity)

=========

Although the letter above should be appropriate for the facts you present, regrettably you may still be liable for the injures sustained by the client. You stated the independent contractor was an employee.

Those two terms should be independent of each other.

In any event, whether you paid the independent contractor directly or if he/she leased space from you, your connection with the independent contractor will subject you to some form of liability. The determination of the degree of liability, and resultant damages will ultimately be open to interpretation by the courts.

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: November 16, 2011

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
array(1) {
  [0]=>
  object(WP_Term)#1615 (11) {
    ["term_id"]=>
    int(680)
    ["name"]=>
    string(42) "Beauty Salon Insurance Claims for Injuries"
    ["slug"]=>
    string(11) "page_id_413"
    ["term_group"]=>
    int(0)
    ["term_taxonomy_id"]=>
    int(680)
    ["taxonomy"]=>
    string(12) "icc_qa_group"
    ["description"]=>
    string(0) ""
    ["parent"]=>
    int(0)
    ["count"]=>
    int(32)
    ["filter"]=>
    string(3) "raw"
    ["term_order"]=>
    string(3) "247"
  }
}

Leave a Reply

Your email address will not be published. Required fields are marked *