Defending an Injury Claim Against a Nail Salon...
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?
Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always
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ANSWER for "Defending an Injury Claim Against a Nail Salon...":
Jan (Killeen, TX):
Below is the form letter you might be well-served to complete and send certified, return receipt requested...
November ___, 2011
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.
______________ (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 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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