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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118175
Experience:  20+ Years of Employment Law Experience
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What happen when you get a massage from a nail salon and the

Customer Question

what happen when you get a massage from a nail salon and the tech throws you on the floor when was told to calm down, causing the customer injury to neck , back and knee and having knee surgery and now has rsd and needs more down the road, yes I know you have to sue but what if the owner claims she rents a space which is not true , how do you fight this in court , I need a correct answer to my question please ,
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A "correct answer" is what we provide, we do not make up laws for customers, we tell them the law based on the facts they present.
So, you know you need to sue (I wonder why you did not file criminal charges, since what you describe is also an assault and battery), the owner of the salon is liable only if the tech who committed the offense was an employee or agent of the owner. The owner is claiming that the tech was a lessee and as such he had no control over them committing illegal actions, so the owner has to prove this is the case in court. You would counter that proof by showing that the owner controls dates and times when this person works and pays the tech for the time they work, which shows that the person is actually an employee of the salon and not an independent lessee as the owner is claiming.