What to do if a client suffered a cut during Brazilian waxing and wants to sue?

During a Brazilian waxing session, the customer sufferee a tear or a cut on her skin. We offered to take her to the hospital to be on the safe side, which she refused and then left the salon. The day after, I contacted her over the phone, she said she can’t talk to me because she will have her lawyer write up a letter. I offered my apology for the misfortune and left her my contact info. A few days later, the technician who did the waxing also called and the customer said she has to miss work and will definitely sue. The salon is only a year old, and we are barely breaking even. As much as I don’t think that it’s negligence on technician’s part being working for years without any incident, neither she or the salon can dodge the responsibility. I just need to prepare for the worst and learn everything I could to minimize the damage. How much can she sue us for if insurance doesn’t cover it?

Asked on February 19, 2016 under Personal Injury, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It would be advisable to refer the matter to your salon's insurance carrier.  Most likely, the case will be settled with your insurance company.
If it is not settled with your insurance company, the amount of compensation the customer is seeking in a lawsuit will depend on her medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of her 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.  There isn't any mathematical formula for determining compensation for pain and suffering.  It just depends on the facts of the case and the nature and extent of the injury documented in the medical reports.
If the case is not settled with your salon's insurance carrier, your insurance carrier will provide you with an attorney at no cost to you to defend the salon in a lawsuit for negligence.  As an employer, the salon is liable for the negligence of its employee which occurred in the course and scope of employment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.