Who is Liable for an Injury Sustained in a Salon? For personal injuries sustained in a salon, there is no correct answer as to who is liable. Instead, the liability may change from one case to the other. The liability depends on the circumstances as how the injury was sustained. To understand this, here are some of the accidents that may occur in a salon and how the liability may shift with the circumstance;
Chemical burns
Injuries sustained from chemical burns are treated as accidental injuries. First, the employment status of the hairdresser ought to be looked at. Is the hairdresser well-trained to handle such chemicals? Was the burn as a result of the hairdresser’s negligence? If the hairdresser is working for a business, that business
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Beauty equipments should always be in good condition to offer optimum results. However, when an injury is sustained by fault equipment, then someone is liable for the damages. The first step is to determine whether the equipment was well maintained and inspected. If there was no good maintenance of the equipment, the liability lies with the salon business. However, the error may be a manufacturing error. In such a scenario, the liability belongs to the equipment manufacturer. Before you start on your beauty injury claims, make sure that you understand the circumstance the injury occurred. This will help you build up a strong case.
Slips and trips
You may sustain an injury by tripping or slipping in a salon. However, how the injury was sustained will be put in question. If it was from a wet, contaminated or cluttered floor, then the salon will be held liable. A salon has a responsibility to keep its floor clean and free from any harmful equipment.
Trying to determine the liability of a sustained injury is the most complicated part of personal injury claims. The best thing to do after sustaining a personal injury is to consult a professional person injury solicitor. There are several available solicitors you can consult. However, make sure that you choose a solicitor you can trust. He/she should also be experienced in beauty injury
Mr. MacPherson presented to the emergency department with bilateral burns to his arms, hands, as well as his face following a kitchen grease fire. The patient complained of severe pain in the affected areas. Upon examination, his burns were blistered and edematous. In addition, erythema and fluid loss were present.
If you have injured due to the negligence of someone else, you are entitled to justice and maximum compensation for your personal injuries. An ICBC injury lawyer can help make that
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
The most common type of premise liability claim is slip and fall. If you have been involved in a slip in fall in a business or premises, contact a firm
A personal injury can cause you physical and emotional suffering and be a substantial financial burden. If someone else caused your injury, you may be entitled to collect damages to compensate for your suffering and any expenses. An attorney can help you to win the compensation you're entitled to.
the hair stylist or makeup artist themselves. At a salon or barber shop, accidents aren’t
In this age of endless lawsuits and litigation from everyone suing everyone else, one must ask the question “where does product liability end and consumer responsibility begin?” This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum, the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side, we have the cigarette industry where the CEOs of the largest cigarette companies denied that their product was liable for the cause of addiction. Almost all consumers know that the ingredient nicotine in cigarettes is addictive, due to extensive scientific testing and reports on this fact. What these CEO’s should have done was admit that they knew nicotine was addictive, and therefore made their product liable so as to give a fair warning to unknowing consumers. On the complete consumer responsibility side, we can examine the lawsuit where a man sued McDonald’s for over a million dollars because he spilled a cup of their coffee on his self and suffered burns. He claimed that McDonald’s was liable because there was not a warning on the lid that stated that the coffee was hot. In my opinion, this lawsuit should have never happened. The consumer is attempting to alleviate all of the responsibility from himself for spilling his coffee and pass it on to the producer of the product. Frivolous lawsuits such as this, as well as companies failing to consider the importance of product liability, have resulted in an increasing annual product liability bill. Last year alone $4 billion was spent on product liability lawsuits and settlements (McAdams, p.636). This staggering number suggests that maybe we need to reform our liability system. Ideally, we as a society would like to reach a happy medium between strict product liability of the company and complete consumer responsibility. If this occurred, lawsuits such as this would no longer drain our legal systems because an understanding would exist that the responsibility rests equally in both parties’ hands. However, that is an ideal situation, which rarely ever occurs in the real world. In the real world, tradeoffs must be made in order to reach equilibrium. These tradeoffs between strict product liability and consumer responsibility will be discussed in light of the situati...
The practice of improving the beauty of others may seem insignificant to some but for those in process of studying the cosmetology industry take great pride in the work they hope to produce. Hair stylist and nail technicians improve the way people look and feel about oneself to better improve self confidence; cosmetologist strive to do the best they can to achieve the look that their client may be searching for. However, these techniques must be taught thoroughly and without the proper teaching techniques, the upcoming cosmetologist may feel behind and uncertain about their abilities when performing on clients. Without the proper and professional ways of teaching, the student struggle to ever gain success in the business; this business builds only from the repetition of great work and failing to achieve the overall style of the desired look from the client will result in a failing business. The search of finding a successful and up to date school requires more work than one may assume.
Although the hotel did have a legal duty of care, the hotel took precautions by placing a “wet floor” sign in the lobby to warn of the danger. In addition, the floor was wet due to being washed by the maintenance crew, which is a reasonable action. The floor was not overly hazardous and wet due to negligence on the part of the hotel due to some failure of action. Windell Hotels may argue that due to the “wet floor” sign being placed on the lobby floor, that Jones assumed the risk of walking on the floor with the knowledge that the floor was wet.
“Living with Burn Trauma,” an online article, states that “human skin is the largest organ of the body.” It provides many functions which assist humans to survive. What happens if this vital organ is destroyed? This is a question with which thousands of Americans are challenged annually. In the United States alone, 4,000 people die in burn accidents or from complications of burn injuries (“Prevention”). One common misconception is that burn victims have all come into contact with flames. Burns result from fires, electricity, hot liquids, chemicals, and even ultraviolet rays. Seeking medical attention for a proper diagnosis is critical to ensuring quality treatment and management of burns. Burn Centers have been established to help patients adapt to life after burns, which can be a great challenge. In today’s society, hospitals and medical professionals can treat burn victims, but the best remedy for burns is prevention.
Cosmetologists and clients both are being affected by improper sanitation and care. Cosmetologists are always going to stay in their work space until their shift is over. They will continually be breathing the dangerous fumes from the many different chemicals being used. These fumes will possibly cause some health hazards in their future. Clients will be coming in and out of the salon to get their services done. If there are improper cleaning skills and cosmetologists show less care towards their clients health, the client will possibly be getting a bacterial disease or maybe even a deadly disease. Diseases like hepatitis, HIV and AIDS can be possibly infect your tools. Cosmetologist and nail technicians do not know who will be coming in and out of the salon. They will not know what a person may be having with their health, hygiene, and o...
Noel, Dix. “Defective Products: Abnormal Use, Contributory Negligence and Assumption of Risk” Vanderbilt Law Review. New York: Bedford/St. Martin’s, 2002. 313-23. Print.
Notably, the class of potential defendants in a product liability is extensive; it may include everyone in the distribution chain of the product (Wong 2010). The defendant may range from the manufacturer of the product to the seller or the lessor of the product. In addition, anyone who services the product or installs the product after purchase may stand liable in the event that the product is defective. Principally, the basis of action in a product liability litigation are the negligence, intent, strict liability, breach of implied warranty of merchantability, and general misrepresentation (Wong 2010). In practice, prosecutions in product liability have significantly relied on the Third Restatement of Torts, on section 402A
It is time, at last, to speak the truth about toxic chemicals behind personal care and beauty products. The daily products of an average person consists of face wash, hand soap, shampoo, conditioner, floss, toothpaste, and deodorant. Surprisingly, all of these products listed contain toxic chemicals that are harmful to our body. If we use these products to maintain our hygiene, does that mean we are not clean without these products? For example, a common shampoo many people use is Head and Shoulders. However, do we know if the shampoo is cleaning our hair from beginning to end or is it damaging our hair? How often do you read the ingredients labeled on your personal care products and wonder if they are safe to use? More importantly, if you
A hazard is a potential damage, adverse health or harm that may effects something or someone at any conditions. Other than that, the risk may be high or low, that somebody could be harmed depending on the hazards. Risk assessment is a practice that helps to improve higher quality of the develop process and manufacturing process. It is also a step to examine the failure modes of the product in order to achieve higher standard of safety and product reliability. Unfortunately, it is common that a product safety risk assessments are not undertaken, or not carried out effectively by manufacturer. Mostly an unsafe and unreliable product was produced and launched on to the market. Thus, the safety problems are mostly identified after an accident happened or after manufacturing problems arisen. In order to prevent risk, a person should take enough precautions or should do more to prevent them because as a user should be protected from harm that usually caused by a failure for whom did not take reasonable control measures.