Probably both. What is the long term ramifications for this infected cut? Why did it require a trip to the E.R.? It seems that while you may have a claim, the amount of damages you could recover would be minimal. You could file a claim with the salon, but if they don't have insurance, you'll have to hope they will work with you. You can also file a claim with the mall, but it is likely they will deny responsibility for their tenants. Have a personal injury attorney review your case, but be aware there may be limited options to pursue such a claim.
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You will have to prove your damages, I.e., how has the infected toe caused you permanent damages. Your medical bills should be reimbursed by the salon. To file suit against the salon and any insurance that it may have, contact a local Personal injury attorney. Most PI attorneys use a contingency fee plan whereby there is no cost to you, the fees are taken on a percentage basis from any recovery obtained by the attorney for you. Good luck.
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My colleagues have provided sound advice all of which i second. Have the salon pay your medical bills to avoid court costs and delays.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
I suggest that you just obtain the medical care and make a claim to your own insurance company.
The limited damages that you suffered, combined with the likely cost of obtaining a judgment and the difficulty of the obtaining and then collecting on an award does not justify litigation.
I suppose you could sue the nail salon in Small Claims Court. I don't think it's worth the cost of the filing fee though.
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I am confident that the nail salon you went to maintained a commercial liability policy that would cover any negligence on the part of the salon or its nail technicians. Such a policy would also likely be required by the owner of the mall whether it be Simon Properties, General Growth or Westfield Mall. I would doubt that you would have an action against the owner or manager of the mall itself because it was not negligent.
It is not surprising that you may gotten an infection as they are more common that one would expect because of equipment sterilization issues. My firm is currently representing a client who developed an infection or fungus because of a sterilization issue.
That being said, you should probably contact an attorney to discuss your case to see if you have a valid claim and evaluate your potential damages to see if pursuing a lawsuit is worth your time.
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