Can You Sue a Nail Salon for an Infection? What to Know About Your Nail Salon Infection Lawsuit

When you have a nail salon visit for a manicure, pedicure, or other treatment, the last thing you want to think about is the potential for complications. And while most nail salons are clean, safe places, without the proper procedures and training, they can become hotbeds for infection and lead to dangerous complications. So, if you’re considering suing a nail salon for infection, here’s what you need to know.

The costs associated with getting an infection or other injury at a nail salon can build up quickly. For one, there is the cost of medical bills for treatment, as well as the cost of repairing any cosmetic damage it may have caused. In cases with serious complications, an infection may also cause prolonged sickness (meaning missed work and lost wages), permanent scarring, or even require amputation, which can contribute to permanent disability.

Many people who have contracted an infection at a nail salon wonder whether they can sue to recover tangible and intangible damages they have suffered due to the negligence of the nail technician or salon owner. Generally speaking, the answer is yes, but victims should note that this is a highly specialized practice area with complicated laws. This is why you can’t just hire any personal injury lawyer; you should hire a law firm like Burnett & Williams with a team that specializes in this area.

Partner Kimberly Raab explains that to maximize your chances of success in a case against a nail salon, you need to gather a few key pieces of information.

“To make a case, you need to have medical records of your diagnosis and treatment along with proof of your visit to the location,” Raab explains. “If possible, it’s also good to have photos of the conditions you claim caused the infection, as well as any history of health department complaints or violations against the establishment.”

Why negligence is key when you sue for a nail salon injury

The single most important thing you need to make a nail salon personal injury case is an argument of negligence, which requires you to establish that the nail salon had a duty of care and breached that duty. If an infection was not the result of a cut sustained at the salon, but a pre-existing wound or one of the body’s many natural openings, you will have a hard time winning your nail salon lawsuit.

However, there are a few instances in which a nail salon could be found to be negligent and at fault for causing a customer’s infection. Some of those include:

Poor sanitation: The most frequent cause of infection is improper sanitation procedures. Tools should either be used as new or sanitized with medical-grade procedures after every use, and foot baths for pedicures must be deep-cleaned after each client. If these things are not properly cleaned, the salon will almost certainly be found liable.

Improper tools/use: Nail technicians can also be negligent if they use prohibited tools or use allowed tools improperly. For example, many states ban the use of credo blades in nail salons. Or if a technician cuts a cuticle too deeply, their employer may be held at fault.

Lack of licensing: Another common way nail salons can be found liable for causing an injury or infection is if staff does not follow training and licensing requirements. Virtually every state requires nail technicians to carry specific certifications to provide professional services. If a salon is found to employ unlicensed employees or if those employees have let their licenses expire, this could be considered a form of negligence.

Hire Burnett & Williams to handle your nail salon infection lawsuit

That being said, the difficulty of proving negligence in a nail salon injury claim means that, unlike other personal injury claims, these cases are rarely settled out of court. More often than not, these cases go to trial, highlighting the importance of hiring a skilled trial attorney to handle your claim. You want a lawyer on your side who has a track record of winning big jury awards, as they will stand up for your legal rights and fight to get you the compensation you deserve.

“If you or a loved one has suffered an injury or gotten a nail infection at a nail salon, contact us today for a free consultation,” concludes Kimberly Raab. “Our team of personal injury attorneys will review your case and determine if we can help you get fair compensation for your nail salon infection lawsuit.”