Can a client sueyouif their foot got burned in hot water while you were giving them a the pedicure?
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Can a client sueyouif their foot got burned in hot water while you were giving them a the pedicure?
I have a client came in the nail shop wanted to pedicure done. I have started the water for it and he said it was too hot. I asked him to take his feet out so I can add more cold water but he said it was OK “he can handle it”. After I finished with his pedicure, he took his feet out of the water come to find out that his left foot was burnt on top. And he said he was a diabetic so I told him just to keep the burn dry and put neosporin on it. He came back on Monday said that the skin came off and he need to go to a doctor. I told him if you need to then go ahead. I asked him to leave me his name.
Asked on September 4, 2011 under Personal Injury, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, the client may be to able to sue you for causing his injury by negligence, or unreasonable carelessness. You used water that was too hot; they over hot water caused his injury. You may have a viable defense--or least grounds to mitigate or reduce what you could be sued for--by arguing that he assumed the risk voluntarily (by keeping his foot in the too-hot water) or was contributorily negligent (by putting his foot into water he knew was too hot). However, that said, he would seem to have grounds for a lawsuit, and could seek to recover his medical costs (if any), cost of medication or bandages, any lost wages (if he misses work) or other out of pocket costs or losses.
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