My Nails Client Threats to Sue me for Bacterial Infection

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Latest post Mon, Jan 9 2017 12:54 PM by Drew. 12 replies.
  • Wed, Jan 4 2017 8:19 AM

    • Tuoihoa123
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    My Nails Client Threats to Sue me for Bacterial Infection

    Please advise:

    My client get a fill-in (which is just adding a little more powder on top of her old fake nail). I gave her the service WITHOUT cutting her skin or anything that cause pain. Her nail were long (a lot of my clients wear long nails). She came back and told me she had to go to the emergency because her thumb was throbbing due to bacterial infection in her nails. She came back to show me her finger, which was swollen but I don't see the normal fungus that I saw when I do nails in her nails. They are old set of nails. She threats to sue. 

    I told her I value her business and I want to follow up through message. She took off her own fake nail afterward and told me she went to her primary doctor. Then she texted me and said she will settle with $1,500. This is not a large amount, but it is not small, since I work very hard to pay out of my pocket if this isn't my fault. I did replied and ask if she has medical bills, but she doesn't have them yet. I told her if anything, I can pay max $200. Then over the text she threats to see me in court and report this to State Board and social media (which I'm not scared of, becauase it is nature of doing business). 

    I have General Liability Insurance for Business Owner, but no Professional Liability. If this case go to court, I know it will waste my time, energy, and money. However, I do not want to simply give in to her demand. What are some steps I should take to make peaceful negotiation while not being under her threat. Any advice regarding the legal implication of this issue will help. Thank you! 

  • Wed, Jan 4 2017 9:02 AM In reply to

    Re: My Nails Client Threats to Sue me for Bacterial Infection

    Tuoihoa123:
    I have General Liability Insurance for Business Owner, but no Professional Liability.

    I'm not sure what sort of distinction you're trying to draw here.

     

    Tuoihoa123:
    What are some steps I should take to make peaceful negotiation while not being under her threat.

    I don't really understand the question.  You can google "how to negotiate."

     

    Tuoihoa123:
    Any advice regarding the legal implication of this issue will help.

    It's pretty simple.  If she sues, she will have the burden of proviing that you did something that caused her infection and that she was damaged as a result.  Presumably, a suit for $1,500 will take place in small claims court and shouldn't involve attorneys, so it should be a relatively simple matter.  Needless to say, her medical records will be critical.  You should report the claim to your insurer ASAP.

  • Thu, Jan 5 2017 4:45 PM In reply to

    Re: My Nails Client Threats to Sue me for Bacterial Infection

    Tuoihoa123:
    Any advice regarding the legal implication of this issue will help. Thank you! 

    Unfortunately, I don't think anyone who understands the false-nail industry is likely to post a reply on this forum.  Certainly I don't understand what would constitute malpractice or negligence by a beautician in taking care of a client's false nails.

    Do you belong to an industry association?  If so, they might have some resources to help you.

    The only thing I can suggest is to ask this client more questions, like why $1,500?  What is it for?  And why does she think her problem was your fault?  Ask sincerely and not angrily.  If she responds with forthright answers, at least you know she is being honest.  If she seems evasive and uncomfortable with answering your questions, then I think you won't be able to work with her and will just have to wait to see what she does.

  • Sun, Jan 8 2017 5:53 AM In reply to

    Re: My Nails Client Threats to Sue me for Bacterial Infection

    ca19lawyer2:

    Tuoihoa123:
    I have General Liability Insurance for Business Owner, but no Professional Liability.

    I'm not sure what sort of distinction you're trying to draw here.

    The following article explains the difference between General Liability and Professional Liability:

    http://www.insureon.com/products/policy-comparisons/general-liability-vs-professional-liability

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Jan 8 2017 12:35 PM In reply to

    • Drew
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    Re: My Nails Client Threats to Sue me for Bacterial Infection

    I would think that she bears burden of proof that something you did or failed to do is the direct cause of her finger infection??  How does she do that in that nail situation? 



  • Sun, Jan 8 2017 3:00 PM In reply to

    • Tuoihoa123
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    Re: My Nails Client Threats to Sue me for Bacterial Infection

    Since she wears long nails, and her nails are old, we recommend to take off or cut down, to prevent damage. But she doesn't want to. She just wants to keep the old nails and get a refill. We don't have any form of document. So I don't have a proof to protect my business either. Since most of our customers are people who wear long nails and poor community who keep nails on long time, instead of get a new set, which cost more. So we just proceed with her request, because it is what we normally do. But when this particular client has infection due to the fake nails, she claims that it is our fault. I asked her for medical bill, but she doesn't have them yet. Even if she has them, it is just a medical document to say that she has infection due to the fake nails. I don't know what is the legal argument she Chân make against me or I can make to prevent myself from being at fault. There are lessons to be learned from her case. But right now, I don't know if I need to worry and take any measures in dealing with her personally. Thanks! 

  • Sun, Jan 8 2017 3:02 PM In reply to

    • Tuoihoa123
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    Re: My Nails Client Threats to Sue me for Bacterial Infectio...

    In this case, she is claiming that we are negligently gave her the infection by provide unqualified service. So the insurance I need is Professional Liability, which I don't have, so it makes me worry! 

  • Sun, Jan 8 2017 3:39 PM In reply to

    • Drew
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    Re: My Nails Client Threats to Sue me for Bacterial Infectio...

    Are you or the service provider properly licensed by the Cosmetology. Board in MI for the services rendered to her. 



  • Sun, Jan 8 2017 3:40 PM In reply to

    • Drew
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    Re: My Nails Client Threats to Sue me for Bacterial Infectio...

    Sorry MS moot MI



  • Sun, Jan 8 2017 3:59 PM In reply to

    • Tuoihoa123
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    Re: My Nails Client Threats to Sue me for Bacterial Infectio...

    Yes. Licensed technician, licensured business. I just wonder if Inshould try to negotiate (she asked for $1,500) or should I wait for her law suit. I know it will only costs me time and money, even if I win the case, I won't be benefiting. So I did attempt to ask for her bills and offer a $200 if she provides bills to show proof. But she threats to sue and I have not reply or contact her afterward

  • Mon, Jan 9 2017 4:53 AM In reply to

    • Drew
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    Re: My Nails Client Threats to Sue me for Bacterial Infectio...

    SHE has the burden to prove you did something wrong or failed to do something right as the cause of her infection.....and that may not be so easy........



  • Mon, Jan 9 2017 7:16 AM In reply to

    Re: My Nails Client Threats to Sue me for Bacterial Infectio...

    Tuoihoa123:

    In this case, she is claiming that we are negligently gave her the infection by provide unqualified service. So the insurance I need is Professional Liability, which I don't have, so it makes me worry! 

    Did you personally provide the service, and if not, was the employee who did properly licensed?  If so, you should be safe from any argument that the service was provided by someone without the right qualifications.  Even if the employee was NOT properly licensed, that alone would not be sufficient to prove your client's infection was caused by your business's negligence, though of course this client could cause trouble for you with the licensing authority.

    $1,500 is below the $3,500 MS Justice-Court (small claims court) limit, so especially if your client is not well-off, she is unlikely to sue in a higher court.  The good news about Justice Court is that you don't need to hire a lawyer, but the bad news is you and anyone else involved would have to attend the hearing yourselves.

  • Mon, Jan 9 2017 12:54 PM In reply to

    • Drew
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    Re: My Nails Client Threats to Sue me for Bacterial Infectio...

    I don't follow on what proof or theory she can show her infection is your fault.  I know ZERO about nails except where my trimmer is in drawer . 

    I take it some clients stretch out getting an infill for 4 or so weeks which may make for extra work ...was her interval extra long ?   How is that unsafe  ( not perhaps unsightly) 

     

     

     



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