Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
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.