It is very likely that the waiver you signed includes a statement that you were warned of possible burns from this procedure. If so, and you cannot show that the procedure was performed in a negligent manner, it would be very difficult to prevail in this type of case. If your burns are substantial and deep, there is a very good chance of successfully arguing that only minor burns were contemplated by the waiver and the waiver does not therefore apply. Also, if your burns are deep and/or substantial, there is a strong possibility that the laser procedure was not performed consistent with the manufacturer's recommendations.
It is a good idea to consult with a qualified medical negligence attorney in your jurisdiction.
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I would recommend that you contact an attorney (who does not charge a consultation fee!) to discus your matter in greater detail. It is a little unclear as to what your injuries are - for example, did you suffer permanent scarring from the laser removal? Did you seek medical treatment? These are the types of questions a personal injury attorney will want to get answered.
The arbitration clause (if valid) is ok and should not be a deterrent at all.
Take care & good luck!
Sorry about your injuries related to your laser hair removal treatment.
If you are able to prove that your injuries were caused as the result of negligence on the part of the party doing the removal, or find liability based on some other theory, then you may have a claim. I am not clear what your damages are, exactly. If you have agreed to arbitrate, that may limit your ability to litigate, as well.
You might want to consider your options after consulting a local personal injury attorney. Many personal injury attorneys offer free initial consultations. Check out your options. Good luck.
This does not constitute legal advice or create an attorney client relationship. Solely intended for informational purposes.
Without knowing what the scarring looks like it is difficult for anyone to answer the question. You should speak with a plastic surgeon who can give you a more definitive prognosis of scarring. If there is, then you may want to consult with an attorney. It is important that determine whether the scarring will be noticeable when you wear a bikini this summer.
I wish you the best of luck.
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Legal Disclaimer: Mr. Pascale is licensed to practice law in the State of New York. 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 time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
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