I now have a scar on my neck due to negligence. Am I in the rite to want to sue?

Asked almost 2 years ago - Deerfield Beach, FL

I have been going to Body Details for hair and tattoo removal almost 5 years now. For the hair removal part of the procedure it is much like getting a hair cut. For the same reason you don't bounce around I have been with the same lady for several treatment now with 6 to 10 weeks In between visits. Just before my last visit I get a call from them saying the lady that has been doing my treatments no longer works there. 1 key point to this is that I started the treatment areas at different times. I first went for my facial hair and the front of my neck and a long time later decided to do the back of my neck. Basically the settings for the laser are very different. During my last treatment she did not look through my file and just assumed all was the same. I was left with burn marks and scar

Attorney answers (6)

  1. David Corey Kotler

    Contributor Level 4

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    Answered . Negligence actions are premised on duty, breach, causation, and damages. It sounds based on what you have written that all of those elements are present and you would have cause to pursue a claim. Personal Injury actions in Florida are done on a contingency, thus you should speak with counsel to discuss your options.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . If you sustained burns at this salon/spa, you would want to retain a personal injury lawyer in your city or state to get you compensation. Good luck to you.

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

    Contributor Level 20

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    Answered . See a local lawyer asap. You may have a case for negligence. You should see your doctor to assess the injury.

  4. J. Garry Rooney

    Contributor Level 13

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    Answered . Mention this posting if you call and we will provide a telephone consultation at NO charge.

    J. Garry Rooney
    Attorney at Law
    Rooney & Rooney, P.A.
    2145 14th Avenue, Suite 20
    Vero Beach, FL 32960
    (772) 778 5400
    (772) 778 5290 (fax)
    Attorneys@RooneyAndRooneyLaw.com
    www.RooneyAndRooneyLaw.com
    www.VeroLawFirm.com

  5. Bruce Franklin Silver

    Contributor Level 2

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    Answered . I agree with the other attorneys that have answered your question but I am not familiar with "Body Details" and would point out that this procedure may qualify as a medical procedure in which case you would need to comply with Florida's laws regarding medical negligence. As for whether you are right to want to sue, that of course is a personal decision. However, the American justice system is the place where these types of disputes are supposed to be resolved. You should never be embarassd or shy about standing up for your Rights especially when you have been permanently and painfully injured due the negligence of someone that charged you as an expert to perform a service and then carelessly neglected to ensure that it was performed correctly.

    Bruce Silver
    Silver & Silver, P.A.
    6100 Glades Road, Suite 201
    Boca Raton, Florida 33434
    Telephone: (561) 488-3344
    Email: brucesilver@silverlawoffices.com

  6. Lars A. Lundeen

    Pro

    Contributor Level 20

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    Answered . You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.



    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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