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Can I sue a nail salon for intentional excessive pressure which resulted in cuts and bleeding on 3 nail beds?

Long Beach, CA |

While getting a pedicure and manicure this afternoon, the "manicurist" wasn't removing my cuticles which I politely brought to her attention. She claimed to have already removed them,continued pretending to cut my cuticles then asked me to check again. I took the nippers and cut the cuticles myself, which offended her and she walked away. After being informed of the issue, the owner decided to take over. She sat down, picked up the metal scraper which loosens cuticles from the nail bed and quickly scraped my left pinky,ring and middle fingers so hard I instintively pulled my hand away from the burning pain as my nail beds began bleeding at the sides. I told her to forget the manicure and she said 'sorry' insincerely. My nail beds are cut;sore. I'm livid & afraid of potential infection.

Attorney Answers 4


  1. Best answer

    Here's the deal: unless you have actual medical treatment both due to the extent of the injury, but also to document the fact of the damages, it is very unlikely that you have a claim that an attorney would take. You had a callous by the "manicurist" and owner. But, a bad day in the salon does not rise to the level of a legally compensible injury.

    Some time ago a very bright and aggressive legal assistant in my office had "a bad day" in the salon and I gave her that advice. She accepted the advice but then pursued the matter herself in small claims court where the rules of evidence are not as stringent. She won a modest amount.

    That's my aswer/ See my link below on "CAN I SUE?"

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  2. One additional thought, if you allege it is intentional, it would not be covered under the salon's insurance. If you allege negligence, it probably is covered, assuming the salon has insurance.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. This is a terrible experience and shocking that a business open to the public would treat its customers in such a way.

    You should first seek appropriate medical attention before doing anything else.

    If you want to sue the nail salon, you will have to add up your damages and determine the amount at stake is worth your time and effort. You can meet with an experienced personal injury attorney in your area to help you answer these and other questions.

    If you are a potential client, the information you disclose to us by email will be kept in strict confidence and will be protected to the full extent of the law. Please be advised, however, that the Law Offices of Frank M. Nunes, Inc. and its lawyers do not represent you until you have signed a retainer agreement with the firm. Until that time, you are responsible for any statutes of limitations or other deadlines for your case or potential case.


  4. Get the medical attention you require, and call some local personal injury attorneys to see if you can get representation.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com