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Any time there is an issue of negligence, a claim can be brought in court.
If a nail technician fails to abide by their duty of care, and an infection results, a suit can definitely be filed. But the pain may not be worth the price.
Suing Nail Salons for Negligence in State Court
Nail salons owe patrons a duty of care to keep them safe from injury. Let's assume that this duty was breached, due to either use of non-sterile tools or maybe the nail technician used the tools incorrectly.
If you can prove that the negligent actions of the nail technician caused your injury, and you can prove how much money is needed to make you whole again, you can file a suit. But keep in mind that filing suits are not cheap. Attorney fees are high, especially when expert witnesses are involved.
Note that plaintiff personal injury attorneys will only take cases on a contingency basis if the estimated verdict amount is high. If you lost a finger, they're in! If you got an infection that healed in a week, not so much. For these lesser injuries, you may need to pay the attorney out of your pocket, in advance, and the fees may be higher than the award.
If your claim is too minor for you to pursue in state court, small claims court may be a great option. This is a place where people can have their legal disputes heard in front of a judge on a more informal basis, without the expensive and time-consuming process of a full trial. Small claims court allows lawsuits to be filed if the monetary remedy sought is lower than a certain amount, generally $10,000 or less, depending on local laws. Both parties represent themselves and present their own case, similar to Judge Judy. The judge then renders a verdict after hearing both sides of the case.
If you or someone you care for has gotten an infection from a nail salon, the first thing you should do is seek medical help. Small infections can lead to big problems, so please protect yourself first. Keep all medical bills and document any hardships faced from the infection. Then contact a personal injury lawyer. Most will provide free initial consultations. A licensed attorney can best assess your legal situation, and offer you sound advice, based on the facts of your case, for recovering any monetary damages to which you may be entitled.