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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I went to a spa that i have been to before in order to have

Customer Question

I went to a spa that i have been to before in order to have a chemical peel. I also wanted my eyebrow and lip waxed. After a short discussion the owner and technician decided to wax me first and avoid the waxed area. I explained that my waxes me after the peel. The young lady forgot what she was suppose to do and applied the chemical between my eyebrows. I told her several times that it was burning badly. She applied more products and said i would be fine. This resulted in a bad burn. I contacted the owner. She sent me a healing Kit. She explained that she has a dermatologist on staff that would help me if i scared. The healing Kit burned as soon as i applied it. When i complained she said it's not burning it's cooling. I said no its not.I'm going to wash it off..plus I'm starting to break out. She claimed that she had never heard of this.the following day i went to a doctor. He said that the healing Kit contained glycolic acid and retinol which made the burn worse. What can I do? It looks like I'm going to be left with a scar
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question and I'm very sorry to hear about this unfortunate incident.

You may sue the spa for your personal injury under the legal theory of negligence. The clinician had a duty to act with reasonable care when providing you with the chemical peel treatment. She did not meet this duty of care and was negligent when she applied the peel to an area of skin which was waxed and which she had prior knowledge would be extra sensitive to the peel. You may sue the spa for the cost of medical treatment you will have to undergo to repair the scar, for the intangible damage to you for the disfigurement you have suffered, and for the pain which this caused.

It would be best to hire a lawyer to bring this sort of claim for you. Because it is a personal injury claim against a business that is likely insured, you will be able to find a lawyer to take the case on a contingency basis (i.e., the lawyer is not paid unless you win).

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Should I wait until I know how bad the damage is or should o hire an attorney now
Expert:  Zachary replied 1 year ago.
Actually, what I would recommend is taking an appointment with a dermatologist to get a medical opinion on whether there is going to be any permanent scarring (submit the bill for this to the spa).

If there is going to be permanent scarring, or the need for plastic surgery, then you should at that point consult with an attorney about bringing legal charges.

I would also at this point document the damage by taking photos and making sure there is evidence of what it looks like now, just in case.

If there will not be any future medical costs associated with this and no permanent scarring, you may still bring a claim against the spa in small claims court for your pain and suffering and any economic loss that you incurred (i.e., medical expenses that were not reimbursed by the spa). You may do this without an attorney and thereby keep more of the winnings from the judgment for yourself (or the spa may simply offer you a monetary settlement to prevent he action from going to court).
Customer: replied 1 year ago.

Yes you were very helpful. I gave you the best rating i could. However,I
decided not to keep the membership. I have an appointment with my doctor this Monday to let me know if I will be left with a scar. It looks like i
will be left with one. I will be looking for an attorney after my visit
here in the Midland/Odessa area.

Expert:  Zachary replied 1 year ago.
Thanks for getting back in touch with me. Please let me know if there is anything further I can do for you.

Best Regards,
ZDN

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