Can I sue ia massage parlor if the lady who was massaging me broke her nailand I had go to to the hospital to get treated because it was so deep down?

Blood was everywhere.

Asked on November 16, 2012 under Personal Injury, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you believe that she was negligent, or careless, in how she gave the massage, or in having such long nails while she gave massages, she may be liable; and since the injury was caused by her in the course of her employment, the massage parlor may be liable, too.

The question is whether it's worthwhile to sue. You can only recover:

1) Actual, out-of-pocket (not paid by insurance, Medicaid, or Medicare) medical costs;

2) Lost wages, if any;

3) Pain and suffering IF the injury caused you prolonged or severe disability, loss of function, impairment of basic life enjoyment or activities, or disfigurement--which I suspect was not the case.

Therefore, it is questionable whether a lawsuit would be economically worthwhile.

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