Legal Question in Consumer Law in California

Shouldn't this business be held responsible?!

Hi. My ex-wife recently went to a nail salon in Southern California and got her nails done, three days later she was experiencing some pain and swelling in one finger, also some fever (abnormal warmth). She was trying out a new nail salon, not her usual one. She went back to them to show them that there was a problem, reminding the technician that he had nicked her skin while doing the work, and she saw him replace the instument back into a rack without sterlilizing it (as if this was a normal practice for him)they gave her a Band-aid and said it would be fine. A week later it was very swollen and painful, she called me and I took her to the hospital. They X-rayed it, confirmed that it was infected and gave her a perscription for Anti-biotics. She went to ask them to help her cover the cost of this since they were at least partially responsible and she has no medical coverage. They have been rude to her, argumentive, harrasing phone calls and refuse to deal with this. Does she have any legal grounds, and if so can you suggest an attorney who would take this case without a retainer, we've never had much money but we work and can pay. Thanks.


Asked on 4/29/03, 2:19 pm

2 Answers from Attorneys
Frederick Choi Law Offices of Frederick H. Choi

Re: Shouldn't this business be held responsible?!

Based on the facts you present, there may indeed be liability for the nail salon. Depending on the amount of medical bills incurred, it might be best to file in small claims court. An attorney may be able to do some letter writing and negotiating with the salon. It would important to know if the doctor gave a strong opinion as to the source of the infection.

Read more
Answered on 4/29/03, 2:25 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Shouldn't this business be held responsible?!

from the facts given so far, you definitely appear to have a valid personal injury claim against this nail salon business, especially based on your eye witness account of how they do not sterilize their "equipment" before or after use. their major defense here appears to be that of "causation" of the injury, however, this eye witness account definitely could provide the circumstantial evidence to offset their defense on that issue. further, the doctor's report of the "causation" of your injuries could be quite beneficial to you as well. the last thing for now would be damages. what were the extent of your injuries and how much did your medical bills total or are still totalling? if you can email my Law Firm back today with more details and the answers to these questions, we may be able to further assist you and/or represent you legally in this matter. we typically can work within anyone's budget, so fees should not be an issue here. hope to hear from you soon. thanks for your question.

Read more
Answered on 4/29/03, 3:04 pm


Related Questions & Answers

More Consumer Law questions and answers in California