If a client had an allergic reaction to a wax I use in my spa, but did not disclose her allergy during out consultation, can I be sued?
You can be sued for anything at any time by any one.
To have a good case, the client would have to show that you breached a duty to her. Generally, this would require showing that the was was unreasonably dangerous or that you knew or should have known of the harm it could cause to her.
Robert Salter is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Robert Salter or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
I agree with my colleague's answer. The client has to prove that it was unreasonably dangerous to use the type of wax in question or that you knew or should have known of the harm it could cause to her. Look at the injuries sustained by the client. Is it minor or severe? You can try to settle it with her and make sure you have your future clients sign the waiver before any treatment.
Disclaimer: Nothing contained in my responses to your inquires creates an attorney-client relationship, all information is provided as informational ONLY. This is not legal advice and should not be relied on as such. If legal advice is your intention please contact an attorney licensed in your jurisdiction. Mike H. T. Nguyen is not a specialist and does not claim to be a certified specialist by the State Bar of Nevada. I am not your attorney until retained.
Anyone can sue,but if she does you may win and also you can bring in the wax company if it's a sensitivity they should have told you about. But your insurance would cover you anyway. If it's not a severe scarring reaction it would be a minimal claim. Do report it to the wax company.
Did you ask her at the consultation if she had any allergies? A lawsuit could be filed, yes. And you may need to go to the expense to defend it even if the plaintiff loses. It sucks. If you dont already, you may want to include an allergy question on an intake questionnaire.
Many spa treatments cause reactions, especially hair coloring, but if your injuries are serious, have a local personal injury lawyer investigate. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
All the answers here are excellent, as usual. One thing that I would take a look at to help evaluate your exposure is what directions all or warnings are provided with the wax product. I know that many topical substances suggest that a small patch of skin is tested prior to using on a larger scale. This would have some implication as to whether or not the product was used properly, or if there was a viable claim against that manufacturer.
The most important issue however, is whether or not the client was asked if she had an allergy of any sort.
You may also want to consult your liability policy and see if there is any provision for medical payments. Usually these payments, if they are part of their policy, are made without regard to liability.
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