Salon negligence refers to a salon business's failure to exercise the duty of care, resulting in an injury to a customer. Tanning salons have the responsibility of maintaining their equipment in good working condition, training their staff, and informing you of any potential risks associated with their services. If the salon breaches this obligation and you are injured in a burn, it can be held liable for the resulting damage.

To pursue a burn-injury claim against a tanning salon, it is critical to understand the legal basis for such cases and the main principles of negligence in the United States. The key to this concept is the duty of care, where businesses are expected to exercise the same level of caution and responsibility that a reasonable person would under the same circumstances. Salons often use liability waivers; however, these documents usually fail to offer complete protection in the event of negligence. Read along to understand how these legal principles are applicable and what you can do to defend your rights.

Understanding Salon Responsibility, Negligence, and Liability

  1. The Responsibilities of a Tanning Salon

When you visit a tanning salon, the establishment has several fundamental legal responsibilities designed to ensure your safety. While you accept the natural risks associated with ultraviolet (UV) exposure, you are not expected to accept risks that arise from a salon's carelessness. The law requires a salon to foresee potential harm and take reasonable steps to prevent it from occurring.

This legal duty means the salon is responsible for providing a safe environment. This includes three primary areas of responsibility:

  • Maintaining all equipment in a safe, working condition
  • Ensuring all employees are adequately trained to operate equipment and advise clients safely
  • Providing clear and adequate warnings about the risks associated with UV tanning

If a salon fails to meet these responsibilities and you are injured as a direct result, it can be deemed negligent.

  1. Types of Negligence in a Tanning Salon

Negligence occurs when a salon fails to fulfil its duty of care to its clients. Understanding the specific ways a salon can be negligent is the first step in determining if you have a valid claim.

Lack of Equipment Maintenance

The most vital equipment requiring regular maintenance and safe operation is the tanning bed itself. Negligence related to equipment can occur in several ways:

  • Improper Bulbs –The bulbs in a tanning bed are specifically designed to produce a predetermined amount of UV radiation. When the salon changes original bulbs with cheaper, stronger, or incorrect bulbs, it can easily increase radiation emission by many folds without your awareness, causing severe burns even during a regular session period.

  • Faulty Timers – Time is among the most critical safety aspects of a tanning bed. A malfunctioning or defective timer that fails to turn off the machine at the required time may cause disastrous overexposure and burns. Salons are legally required to regularly check and test these timers to ensure they are operating accurately. This is a blatant violation of their obligation to offer a safe service by neglecting this basic maintenance.

  • Lack of General Repairs – The physical makeup of the bed, including its electrical parts and cooling systems, should also be well-maintained. Any malfunction, even a broken cooling fan, can result in a dangerous situation, and the salon may be liable for damages if injuries occur as a result of its failure to maintain the equipment in a safe, working condition.

Inadequate Training and Employee Negligence

Regrettably, most tanning salons hire employees who have no thorough training on the issues of UV exposure and skin science. This inexperience can lead to the most serious mistakes, which have severe consequences for you. Some employee negligence includes:

  • Incorrect Session Times – Among the most frequent types of negligence by employees is the establishment of the session timer with an unsuitable duration. Before deciding on the length of your session, an employee should evaluate your skin type, tanning history, and sensitivity. It is a careless move to place a first-time user or a person with fair skin in a high-intensity bed for a long time.

  • Failure to Provide Clear and Accurate Instructions – Employees are also responsible for providing you with clear and accurate instructions, including how to use the emergency shut-off feature.

  • Ignoring Medical Risks – A tanning salon employee should tell you about the risks and inquire about any medications that you might be taking that can predispose you to photosensitivity.

  • Forcing Clients to Purchase an Intensive Tanning Package – Another form of negligence is forcing clients to purchase a more prolonged or intense tanning package that is not suitable for their skin type, in an attempt to boost sales. The salon should also ensure that its employees are not only representatives of customer service but also well-trained technicians who prioritize your welfare over profit.

Unsanitary Conditions and Lack of Required Warnings

The salon has a responsibility to ensure a safe environment. This means ensuring that it is well-maintained and that it provides all the warnings required by law. While unsanitary conditions are usually associated with infections, they can also worsen a burn. When your skin is damaged, any exposure to bacteria can irritate the area, potentially exacerbating the injury.

The more immediate type of negligence in this category, however, is connected with the failure to provide proper warnings concerning the risks of UV tanning. Federal laws require warning labels on all tanning devices to be prominent and clearly state the dangers of excessive exposure, including skin damage, premature aging, and skin cancer.

If the salon has obscured, removed, or failed to post this necessary warning on the tanning bed that you have used, it has committed a substantial violation of its legal responsibility. The salon personnel are also required to verbally inform you about potential risks, especially if you have a medical condition or are using medications such as certain antibiotics or acne treatments that can make your skin extremely sensitive to UV light.

As an example, certain antibiotics, acne medications, and even herbal supplements can make your skin extremely sensitive to UV light. A careless salon might not even ask you about these aspects or warn you of the possibility of an adverse reaction, thereby failing to provide you with the necessary information to make an informed and safe choice.

  1. The Liability of the Tanning Salon

Legal liability is the direct consequence when a salon's negligence causes you harm. A salon can be held liable for its own institutional failures, such as failing to schedule regular equipment inspections, as well as for the specific mistakes of its staff.

Although maintenance equipment is essential, so are the people operating it; they play an equally critical role in ensuring your safety. The legal concept of respondeat superior holds that a tanning salon is liable for the actions of its employees as long as the employees are acting within the scope of their employment. This implies that if the tanning burns are due to the error or carelessness of an employee, then the salon itself can be blamed.

What You Must Prove to Win Your Case

You cannot just claim that you were burned to sue a tanning salon successfully. You must present a good case based on clear and credible evidence that proves that the negligence of the salon was the direct cause of your injuries.

Legally, you, the plaintiff, should prove beyond a reasonable doubt that it is more probable than not that the breach of duty by the salon caused your damages. This involves promptly collecting and preserving all relevant information right after the incident.

The quality and completeness of the evidence you will provide will be the key to the strength of your claim. It is essential to move with speed to record all the facts, as the evidence may be destroyed, memories may fade, and the salon may attempt to conceal its errors. For example, in California, the deadline to file is generally 2 years from the date of injury.

Recording Your Injuries and the Scene

Visual proof is by far the most substantial evidence you can have in a burn injury case. Immediately after the incident and in the days that follow, carefully document your injuries using photographs and videos.

Take clear, well-lit images of the burned parts of your body using your smartphone from various angles. The development of the injury, beginning with the redness and blistering and continuing to any further peeling, scarring, or discoloration, must be documented. These photographs will create a visual timeline that clearly shows a jury the severity of your pain and suffering.

You should not end your documentation with your injuries. You should also capture pictures of the scene of the incident at the tanning salon, where possible. Take a picture of the exact tanning bed you used, being careful to note the model number, the control panel, and any visible defects. Locate the federally required warning labels and take pictures of them, or document their absence if they are not present.

Take photos of the general state of the room and any posted salon regulations or guidelines that are in effect. If you notice anything unusual, such as flickering bulbs or a faulty timer, write a detailed note immediately while your memory is fresh. The body of photographic and written evidence will prove invaluable in recreating the incident and establishing the salon's failure.

Collection of Medical Records and Bills

The next and most essential thing to do after recording the injury is to get medical attention. This is first and foremost because of your health, and secondly, because of your legal claim. A severe burn will require the services of a professional medical professional to prevent infection and minimize long-term harm, such as scarring.

Legally, a visit to an emergency room, urgent care clinic, or dermatologist will provide a record of your injury. The notes made by the medical professional will be a formal connection between the burn and the exposure in the tanning bed, which will be a key aspect of your case. You should also follow all the treatment plans and attend all follow-up appointments, as this demonstrates that you were serious about your injuries and did everything possible to minimize your damages.

Begin gathering and organizing all the paperwork related to your medical treatment. This includes all bills for hospital, clinic, and doctor visits, as well as store receipts for all prescription medications, ointments, and burn care materials.

It is based on these documents that your economic damages are calculated. Your medical records are the most vital evidence of the severity of your injuries and the pain and suffering you have endured. They include the doctor’s diagnosis, treatment notes, and recovery prognosis. Without these official documents, it is tough to prove the extent of your damages and secure the compensation you deserve.

The Waivers and Membership Agreements

Almost all tanning salons will make you sign a liability waiver or a membership contract before they admit you to their premises. The defense lawyer for the salon will most likely use this document to argue that you assumed the risk of being burned and thereby forfeited your right to sue.

Nevertheless, the most essential legal fallacy is that the waiver signature provides a business with a get-out-of-jury card to act carelessly. Although a waiver can help a salon escape the liability of inherent and obvious risks associated with tanning, it does not tend to help them escape liability for negligence and gross negligence in particular.

Liability waiver enforceability varies significantly by state and is also contingent upon the specific language employed in the document. In most jurisdictions, a waiver will not be enforced by the courts in cases where the salon's actions can be attributed to a careless attitude towards the patron's safety, which is referred to as gross negligence.

As an example, if the salon knew that the timer of a tanning bed was faulty and still permitted you to use it, a waiver would not provide much protection to the salon. Likewise, when the salon fails to adhere to state or federal safety laws, including those related to staff training or equipment warnings, a court can declare the waiver void as a matter of policy. A qualified personal injury lawyer can examine the waiver you have signed and the facts of your injury to decide whether the waiver is legally enforceable or can be successfully contested as a defense.

Recoverable Damages in a Tanning Bed Lawsuit

If you manage to demonstrate that the negligence of the tanning salon is the cause of your burns, you may be entitled to recover financial compensation for the harm you suffered. This is known as damages in the legal system.

Damages are aimed at restoring you to a state of wholeness, at least financially, by compensating all the losses that you have suffered due to the incident. Such damages are usually divided into two different types: economic damages, which are the tangible and calculable financial losses, and non-economic damages, which compensate you for the intangible personal suffering you have gone through.

Both of these categories must be accounted for in detail to ensure that you obtain a settlement or a verdict that is a true reflection of the overall effect the injury has had on your life.

Economic Damages

The simplest element of a personal injury lawsuit is economic damage, as it is associated with specific, verifiable financial losses. The main component of these damages is your medical bills.

This will cover reimbursement of all expenses incurred on your treatment, including:

  • Emergency room visits
  • Dermatologist or plastic surgeon visits
  • Hospitalization
  • Prescription drugs
  • Any medical treatment you might require in the future, like scar revision surgery

It is essential to maintain a record of all bills and receipts, as they will serve as direct evidence of your financial losses. Along with the medical bills, you are also entitled to compensation for any lost wages if you could not work due to your burn injuries.

This is calculable based on your pay stubs and a letter from your employer, based on the time you missed. If your injuries are so severe that they cause a permanent disability or reduced capacity to do your job, you may also claim damages for loss of future earning capacity.

Other out-of-pocket costs that are directly related to your injury, like the cost of transportation to your medical appointments, can also be recovered. Economic damages are intended to ensure that you do not incur a financial burden due to the salon's negligence.

Non-Economic Damages

Non-economic damages are recovered to pay you for the deep physical and emotional losses that cannot be accurately priced. This is usually the most significant component of a personal injury award, since it covers the human cost of injury.

Pain and suffering are the most notable elements of these damages. This encompasses the physical pain of the burn itself, the pain of the healing process, and any chronic pain that may persist. A severe burn is a harrowing experience, and the law understands that you need to be compensated for that physical suffering.

In addition to the physical pain, you can claim damages for the emotional and psychological trauma that you have undergone. This involves the compensation of emotional distress, anxiety, depression, or even post-traumatic stress disorder PTSD as a result of the event.

One of the significant factors in non-economic damages resulting from burns is the compensation for scarring and disfigurement. Permanent scars, particularly on visible parts of the body, can have a long-term impact on your self-esteem, self-confidence, and overall quality of life.

It is also referred to as loss of enjoyment of life. This category is used to compensate you for the inability to engage in activities and hobbies that you enjoyed before. Although money cannot take away a scar or reverse a trauma, non-economic damages are the legal mechanism to recognize the extent of your pain and blame the negligent party for it.

Find a Reliable Personal Injury Lawyer Near Me

You do not have to face this burden alone. If you are suffering painful burns and mounting medical bills because of the salon’s negligence, you deserve justice. A signed waiver does not grant a business the right to be careless with its clients. The law will hold the tanning salon liable for negligence, and you can seek justice and financial compensation for your injuries, pain, and suffering. In such situations, time is of the essence; evidence should be preserved, and legal time limits called statutes of limitations are limits within which you must bring a claim. Do not wait and risk losing your right to compensation.

At The Personal Injury Attorney Law Firm, our lawyers have extensive experience with premises liability and negligence claims. If you have been injured at a tanning salon, you can schedule a confidential consultation with us to discuss the details of your case. Our team can guide you through the legal process, allowing you to focus on your recovery. Contact us today at 800-492-6718 to begin working on your case.