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 5 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.


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.

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