What are my rights if I had a waxing done on my armpits and had later had to go to the doctor who diagnosed me with severely irritated skin and a bacterial infection?

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What are my rights if I had a waxing done on my armpits and had later had to go to the doctor who diagnosed me with severely irritated skin and a bacterial infection?

It’s nearly a week later and I’m still swollen, red, itchy and hurting. I’m on steroid cream. It messed up my vacation trip to panama city beach for memorial day and has caused extreme embarrassment and discomfort. Do I have any course of action that I can take with this?

Asked on May 28, 2014 under Personal Injury, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the irritation and infection was due to the waxing center and/or its employees either being negligent (careless) in how the waxing was done or in using not properly sterilized or hygienic supplies or tools, then they could be liable for the "foreseeable" costs of  giving a customer an infections, such as your medical cost (including any prescriptions, like the steroid cream) or the cost of a pre-paid trip/travel which you had to forego. There is no recovery for embarrassment; no recovery for discomfort, unless it rose to the level of significantly impacting basic life functions; and no recovery for the disappointment in missing a day at the beach. Since you'd have to sue them (and win) if they won't voluntarily pay you, depending on how much money (e.g. medical costs; nonrefundable trip costs) you lost, it may not be worthwhile economically to take action.

And if they did nothing wrong but you happened to have an unfortunate reaction, they would not be liable at all; liability depends on fault, or doing something wrong, such as being careless.


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