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John
John, Attorney
Category: Personal Injury Law
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Experience:  Licensed and practicing attorney.
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What happens when the worker of a nail salon gives you a

Customer Question

what happens when the worker of a nail salon gives you a massage and throws you on the floor causing injury to neck back and knee causing surgery and more surgery, using the owers equipment and now the owner is trying to say she works on her own independently which is not the case, how can you fight this if they are playing games
Submitted: 5 months ago.
Category: Personal Injury Law
Expert:  John replied 5 months ago.

You will have to sue the two in the same lawsuit under different and alternative theories of the case. You sue the masseuse under the theories of negligence (in performance of the massage) assault, battery and intentional infliction of emotional distress. You sue the owner for respondeat superior (an employer is liable for ll acts of negligence of its employees), negligence in hire of the masseuse (regardless of whether its an employee or not), negligence in equipment maintenance, general property liability.

Most likely the store has insurance that will pay for this, but the thing is you have to sue to get access to that insurance.

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