What are my rights if I had a pedicure and my feet are so bad I can hardly walk on them?
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What are my rights if I had a pedicure and my feet are so bad I can hardly walk on them?
I had 2 doctors looked at them and they were shocked. I am treating them under a doctor’s care now hoping they will not get infected. I have to wear socks and closed toe shoes until they are completely healed which sucks it is summer right when you want to wear flip flops and pretty open toe shoes. They did agree to give me my money back and also money back for a gift certificate that I had bought, however at first they were not going to do that. I have had pedicures done for many years but never had one turn out like this where my feet are raw!!! I had to sing at a wedding the next day and had to walk on my tip toes. Do I have a case?
Asked on June 29, 2015 under Personal Injury, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Negligence is the failure to exercise due care (that degree of care that a reasonable nail salon would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit against the nail salon, it may be possible to settle the case with the nail salon's insurance carrier. Contact the nail salon and obtain the name and address of its insurance carrier. Notify the insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and if applicable, documentation of any wage loss. Your personal injury claim filed with the nail salon's insurance carrier should include these items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the nail salon's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the nail salon's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the nail salon.
If the case is NOT settled with the nail salon's insurance carrier, your lawsuit for negligence against the nail salon must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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