Can a client sueyouif their foot got burned in hot water while you were giving them a the pedicure?

UPDATED: Sep 4, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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 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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