I went to a nail salon to get a pedicure on 3/18/2016. About three days later my lower calf on my left side hurt very badly. It was, and still is swollen and red. I thought it was a bug bite so I waited about a week or so to see if it would go away, but it didn’t.
I went to the ER and saw the Doctor on duty. He diagnosed me with CELLULITIS. It is a Bacterial infection under the skin and very painful. I went to see my Primary Care Physician also and they also diagnosed me with CELLULITIS.
I have all documentations, and I have reported the nail salon to The Health Complaint Service. They will Investigate the salon some time soon. Can I file a lawsuit against the salon for Personal Injury? Do I have any other options? Thank You.
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.
According to the Mayo Clinic:
“Cellulitis is a common, potentially serious bacterial skin infection. Cellulitis occurs when bacteria, most commonly streptococcus and staphylococcus, enter through a crack or break in your skin. Cellulitis treatment usually includes a prescription oral antibiotic. Symptoms of cellulitis disappear after a few days.”
While it is likely the infection originated at the nail salon, it will be a challenge to prove the link. To meet this challenge will require you to prove the salon employee cut your skin, allowing the infection to enter your bloodstream.
If at the time of the injury, you cried out in pain, or otherwise made clear to the salon employee,
manager, or store owner you were hurt by the employee, a link between the injury and infection will be easier to prove. In legal terms this is referred to as “direct and proximate cause.”
Alternatively, if at the time you were at the salon, you did not make clear to anyone you were injured, then it is likely the salon’s insurance company will take the position you were injured in a separate and unrelated event which occurred after you left the salon.
Go back to the nail salon and speak with the manager and owner. Let them know what happened and ask that they reimburse you for your medical bills, medications, and any lost wages incurred while you were treating. If they agree to pay, then you will have succeeded. If not, then you may have to file a lawsuit against the salon.
If you file a lawsuit, you will be entitled to not much more than reimbursement for your medical bills, medications, and any lost wages. Because the State of Oregon’s Small Claims Courts have jurisdiction of claim up to $10,000, you can consider filing your lawsuit there.
Learn more here: Beauty Salon Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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