Visitor Question

Burned at a Beauty Salon…

Submitted By: Elissa (California)

I was having my pedicure done and the women asked if I wanted callus remover and I agreed. Then she started to put it on me, a few minutes later both of my feet were burning, it felt like someone poured acid on my feet.

I told her it hurt and she said don’t worry, I finally pulled my feet out of the water and I was crying. The chemicals she used were on her gloves and she did not do it the right way. She was holding my feet with all the chemicals on her gloves.

My feet got so burnt. She stopped and walked away. The manager then came over an got me some cream. I was still crying. I am planning to get them to compensate me by filing a lawsuit. Do I have a case? What should 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 Elissa,

Burned during a Pedicure…that must have been a terrible experience. But before you file a lawsuit let’s review a few important details. To sue first and ask questions later is the last thing you should do. If you are seeking damages in an amount less than $5,000. then the best place to file a lawsuit will be in Small Claims Court. Ordinarily in Small Claims Court you will not need an Attorney.

Do you have a case? The answer is Yes. I will presume for the moment thankfully you have not suffered any permanent scarring or other damage to your legs or feet which may have left a permanent physical effect. I will also presume because you didn’t mention it you didn’t have to seek medical help.

What does that leave you with? It leaves you with what is commonly called ”Pain and Suffering“. (Sometimes called “Mental Anguish.) Pain and Suffering and Mental Anguish are very real, and can sometimes hurt a lot more than the burn itself. These damages are called “recoverable damages”. That means you can recover from the Salon a money judgment – a judgment completely enforceable.

Take a look at the Small Claims Courts in your area. Most Small Claims Courts will allow you to sue for

($1.00) in actual damages and $4,9999.00 in Pain and Suffering or Mental Anguish. What is the suffering you endured worth? In your case the answer seems to be

a substantial amount.

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: February 20, 2011

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