Do I have a legal case?

Question

I acquired a Cellulitus/Staph from a tanning salon. I have had to go to the dr,buy prescriptions and endure alot of pain as well as the flesh in the area turning a nice shade of green turning to black. The tanning salon does not follow sanitation regs(found out after the fact). They use baby wipes to clean the bed off in between clients. So is there a remote chance I have a case for this?

Answer 1

You probably have a claim for negligence, and possibly unfair business practices. It's also possible that your state has specific laws governing tanning salons that could give you a right to sue.

What is your goal here? Do you just want compensation for your time/pain/prescriptions/etc., or are you hoping for a windfall? If it's the former, you could probably make a lot of headway by simply writing a letter to the salon, explaining the situation, and giving them an opportunity to compensate you for your trouble before you hire a lawyer. If they're smart, they'll jump at your offer. (But, don't go into an excess of specifics about your damages (monetary losses) in the letter - just focus on the injury. You don't want to lock yourself into anything if they don't take the offer to settle).

If you're hoping to leverage this experience into a windfall, get yourself a lawyer. But, a couple of comments on this - first, you'll be claiming physical injury and probably emotional distress - this opens you up to discovery into your medical and psychological history, which you might prefer to avoid. Second, although this sounds awful, I question how much your damages really are. If you add up everything you can think of as damages (including time off work) and maybe triple it for an additional amount for pain and suffering, and you still end up with damages of less than $10,000, you may have trouble finding a lawyer to take the case. (On the other hand, if your lawyer concludes that the salon's failure to follow sanitation regulations could give rise to punitive damages in your state, s/he would be more likely to take the case).

If you do pursue litigation, make sure your lawyer finds out right away whether the company carries insurance and how much. This is not the kind of business that will likely have a lot of money to pay out. You're probably only going to get a significant payout if it carries substantial insurance. (And if your lawyer doesn't know to check out the insurance angle right away - get yourself another lawyer!).

Answer 2

You would have to establish 1) that you actually did contract your infection from the tanning salon, and 2) the salon did not use reasonable sanitation procedures. Not following sanitation regulations will certainly help you prove your case, but is not necessarily conclusive proof of negligence. The first element will be the hardest to prove, since it might require testing the tanning beds for bacteria. If the tanning salon can demonstrate that there's a different possible source for the infection that's at least as likely as them, you're going to have a difficult time.

It sounds like you may indeed have a case. Your recovery won't be in the millions, but should you win, you can recover any medical costs you have incurred plus a reasonable amount for pain etc.

You will want to contact a personal injury lawyer in your area for more specifics. But be aware that should you decide to sue, lawyers for the tanning salon are going to want a lot of information about you, your condition, and your personal life, and if you want to have any hope of winning, you're going to have to give them what they want.

Answer 3

That would depend on the contract that you singed before the treatment started. Get your copy and read it carefully. If there is a statement in there, like no matter what you can't sue, then the answer would be "sorry"...or if there is a statement in there that you take full responsibility, then again the answer is "Sorry"...but, if those statements aren't in there and you talk to a good lawyer, you may have a case. Most attorneys don't charge you for the first visit or call, when you discuss your problem and/or claim. Get your contract and have an attorney go over it with you.

Answer 4

Not unless you can prove that you got the infection from the salon. A staph infection can come from a lot of place without you knowing it. Ask any medical professional (which you'd have to have one ready to stay with 100% certainty that it came from the salon) and you'll find out no one will be able to say where it came from.

Answer 5

Health department may have inspection record availble on web. Some do for restaurants. I'm not too sure about tanning salons, but if you can actually find records of those violations you could sue easily. They should pay for your medical bills.

Answer 6

If you think you have proof you can take it to a lawyer. Virtually all lawyers give the first consultation free. After you talk to him if he thinks you have a case he'll probably take it on a contingency basis, which means you pay him no money up front but if you win the case (or settle it) then he gets a certain percentage of what you were awarded.

Answer 7

You will need to speak to an attorney. If you signed any kind of informed consent to use the tanning beds, you probably waived your right to any recovery. Also, if you can not 100% prove the infection came from the tanning beds, you have no case.

Answer 8

You definitely have a case you can sue them for pain and suffering and for the money spent at the doctor and maybe loss of work if you missed any.

Answer 9

Yes you do. Try the sites below, make sure to watch the online movie presentations. Hope this helps.

Answer 10

doubtful but ask a lawyer. thats the risk you take going to those places. are you gonna sue when you get skin cancer from that tanning bed