Since getting a pedicure involves files, pumice stones, tweezers, and other tools, there is a risk that you can contract an infection due to a break in the skin. Even just skin-to-skin contact can carry the health risk of certain contagions. Pedicure dangers can be mitigated with certain precautions, but if nail salons fail to take those precautions, you can hold them liable for negligence with the help of a Las Vegas personal injury lawyer.
Types of Infections You Could Get From a Pedicure
From the Occupational Safety and Health Administration (OSHA), several different types of infections are possible from a pedicure, with the categories being fungal infections, bacterial infections, and viruses.
Fungi thrive in warm, moist environments, so it makes sense that you could contract one while getting a pedicure, where your feet are often soaked in warm water. You could contract athlete’s foot and a type of fungus called onychomycosis, commonly referred to as a fungal nail infection, per the Centers for Disease Control and Prevention (CDC).
One of the most well-known bacterial infection risks at nail salons is a staph infection. Clinical Infectious Diseases also highlights a bacteria called Mycobacterium fortuitum, which you’re more likely to get in a contaminated whirlpool footbath. Another common bacterial infection is paronychia, which affects the skin around the nail.
Plantar warts, caused by the human papillomavirus (HPV), are contagious, and you can pick it up at a nail salon. If you had any broken skin at the time of your pedicure and you came in contact with the virus, you could develop warts.
In some instances, you can contract bloodborne illnesses or even common viruses like the flu or COVID-19 at a nail salon. These may not even be directly related to your pedicure, but they can still cause health problems.
Some customers also suffer allergic reactions to materials or products, causing hives, contact dermatitis, or even anaphylaxis.
For a free legal consultation, call (725) 900-9000
When Are You at Risk for Dangers From a Pedicure?
You are at increased risk of infection if you have any cuts or open wounds on your feet or legs when you go for a pedicure.
However, the responsibility doesn’t solely rest on you. Nail salon workers can expose you to more danger due to their own mistakes or failures. Such errors may include:
- Unsanitary tools
- Insufficient general sanitization
- Failure to clean foot baths
- Reuse of single-use products
- Not washing hands
- Failure to use or change gloves
A nail salon might think they’re taking adequate precautions but could be making mistakes. For instance, a nail technician might use a cleaner that kills bacteria but does not leave it on a surface long enough to do its job effectively.
Even so, ignorance isn’t a defense. Negligence is determined based on the reasonable person standard. What this standard means is if a reasonable person would have acted differently, then the negligent party can be held liable.
In the case of a nail salon, it’s reasonable to expect a salon worker to be aware of what sanitization procedures are necessary to keep customers safe. Not knowing about those procedures isn’t a defense but proof of their negligence—they should know this information.
You Can Hold Nail Salons Responsible for Severe Infections
If a nail salon doesn’t take precautions that a reasonable person would have in the same situation, your attorney can hold them liable for causing you harm with a pedicure. To do that, you need evidence.
Violation of Duty of Care and Your Injury or Illness
All the mistakes and failures we mentioned above are examples of violations of the duty of care. We can prove that these occurred through:
- Photos of your infection
- Security footage of the salon showing failures, if available
- Testimony from other customers
- Statements from employees
- Medical records and diagnoses
- Doctor testimony about your infection and how you got it
- Statements and analysis from other experts
The point is to connect the nail salon’s negligent actions to your infection. If other people get sick, we can talk to them about their experiences. In some cases, we can even gather physical evidence, like testing foot baths for fungal growth.
Damages for a Severe Infection From a Pedicure
Because you suffered a severe infection after a pedicure due to negligence, you are owed compensation. Your compensation should cover all the costs of treating and recovering from the infection, such as:
- Hospital stays
- Diagnostic tests
- Antibiotics and other medications
- Surgery, including repairing scars
- Physical therapy, if applicable
- Long-term prescriptions
We also consider your emotional distress and pain and suffering. You went from engaging in a little pampering with a pedicure to suffering a serious illness. In some cases, you could be left with scarring or even loss of a limb. There’s no other way to put it—this was traumatic. Trauma is recognizable as a consequence of personal injury, and we can seek the maximum amount possible for this aspect of your experience.
If you missed work while recovering from your infection, we can also recover lost income. Similarly, if a consequence of the infection is that you can’t earn the same amount you did before the pedicure, we can seek damages to cover that gap in earning capacity.
Important Things to Know About Seeking Damages for a Severe Pedicure Infection
One of the most important things to know about any personal injury case is that you can only seek compensation if you take action in a timely manner. For that reason, take your story to a lawyer to determine the strength of your case.
Act Fast to Preserve Evidence
Physical evidence, video footage, and witness testimony are all parts of your case that could disappear quickly. Evidence is destroyed either purposefully or accidentally, footage gets taped over, and witnesses can forget details. The sooner you start documenting your case, the better.
You Have a Filing Deadline
You generally have a couple of years to file a personal injury lawsuit, but that deadline is for turning in all the court documents; there are a lot of steps that can precede the filing to prepare your case. Moreover, the statute of limitations isn’t always set in stone, so verify the filing deadline with your legal team.
Complete a Free Case Evaluation form now
Get Personalized Guidance on a Dangerous Pedicure Case Today
Contact Van Law Firm now for a free case review from our personal injury attorneys. Risking a serious infection after a pedicure is not something you should just accept. Your expenses and personal trauma are compensable through a lawsuit.
Get a personalized assessment today.
No obligation consultations are always free.Let Us Help You! Call Now: (725) 900-9000
These guys are amazing. Helped me throughout the process. Always there when I need help. Inititailly called a law firm (the one that has lots of ads on the radio), but they declined my case. Van Law Firm accepted my case without a second thought! Kudos to Daniel, my case manager, and Amanda who expedited my payment process. Highly recommended.Milby Mags
Got in an accident at the beginning of the year and they have been awesome, especially with it being my first accident and me being like this. They have been very communicated, stayed in contact with me the whole time, giving me updates when there were any and even when there weren’t and answered any question I had. I would recommend them to anyone. Everyone I have talked to there has been very friendly. I would give them a 10 out of 10.Ethan Gullet
They made sure that my insurance company covered what I paid for them to which included the gap for my car that was totaled. My medical costs were taken care of and reduced substantially so I was able to get more on my settlement. My case manager, Will Garcia, was always helpful in assisting me and answering any questions I had. They really did an amazing job with my case. I would definitely recommend them to anyone in need of this type of legal help. Most lawyers do not help you with the recovery of the car and rental etc. They are amazing.Teresa Cuthbertson