I’m sure you’re wondering how beauty and law go together. I have been practicing in the field of personal injury law for over 25 years. Over the last five to seven years I have seen a tremendous uptick in the number of times I am called for potential cases against nail salons and day spas.
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I’m sure you’re wondering how beauty and law go together. I have been practicing in the field of personal injury law for over 25 years. Over the last five to seven years I have seen a tremendous uptick in the number of times I am called for potential cases against nail salons and day spas.
It is no coincidence that in the last five to seven years the number of nail salons and spas in New York City has gone up dramatically. While each must be licensed, we have not implemented a much needed rating guide for each salon. I have been advocating for a letter grade for day spas the same as we have for restaurants. It is truly unfortunate to witness the rise of personal injury cases related to unclean working conditions in nail salons and day spas.
Not only do these cases affect customers, but they also impact the businesses themselves. I have seen the devastating consequences of these types of cases on both the customers and the businesses. It is crucial that both the businesses and the customers take steps to mitigate the risks associated with these situations. In this article, I will provide more details on the issues that have led to the rise of personal injury cases in nail salons and day spas, and suggest ways for businesses to avoid these situations.
1. Unclean Pedicure Basins
One of the most significant issues that have led to the rise of personal injury cases is the lack of proper cleaning and disinfection protocols in nail salons and day spas. Pedicure basins are one of the most common culprits of infection in nail salons and day spas. During a pedicure, cuts are made on the cuticles and calluses, which can create an avenue for bacteria to enter the body. Workers may simply empty out the water and refill it, which does not properly disinfect the basin.
The use of disposable liners for pedicure basins can be a great solution, but these are not always provided by the salon. Proper disinfection of pedicure basins, including washing with soap and water or using disinfectants, is crucial to prevent the spread of infection. Businesses, it is essential to ensure that the salon's employees are following proper hygiene protocols. This includes proper hand washing techniques and the use of disposable materials when appropriate.
2. Improper Cleaning of Implements
The failure to properly clean implements between customers can lead to hazardous conditions for the client. Tools such as nail clippers, scissors, and buffers must be thoroughly cleaned and disinfected between customers. Unfortunately, in busy nail salons, it can be challenging for workers to clean and disinfect tools between each customer. Customers can bring in their own implements, which can be used and then taken home to be cleaned. Another option is for salons to use individually wrapped and sterilized implements for each customer.
3. Infections Caused by Uncleanliness
Infections caused by uncleanliness can materialize within hours of leaving the spa and often result in bacterial infections, which require treatment with antibiotics and creams. The risk of contracting a serious infection from a day spa or nail salon is higher than most people realize, and it is essential that customers take precautions to protect themselves. Customers should always check the cleanliness of the salon before getting any treatments done. Signs of uncleanliness include dirty floors, dirty tools, and dirty pedicure basins.
It is also important to ensure that the spa's employees are following proper hygiene protocols. Businesses, you should always have a checklist of your cleaning systems and be prepared to share them as needed, keeping a book initialed by staff is a good way to keep track of your cleaning implements, for you as a business to have and to have on hand to share if needed. Be prepared.
Related: Spa Safety 101
4. Lack of Training for Employees
It is important for day spas to provide training for their employees on the proper way to treat customers and maintain a clean environment. Proper hand washing techniques, cleaning and disinfecting tools and surfaces between customers, and using disposable materials when appropriate should be emphasized. Employees should also be trained to recognize the signs of infection and to inform customers of the necessary precautions.
Businesses can also take further steps to ensure the safety of their clients by providing training for their employees on the proper way to treat customers and maintain a clean environment. Training employees on the importance of cleanliness and hygiene can go a long way in preventing infections and other injuries. Employees should also be trained to recognize the signs of infection and to inform customers of the necessary precautions.
5. Use of Unsafe or Unapproved Products
The use of unsafe or unapproved products can lead to serious injuries. Products such as adhesives and other products meant for other uses should not be used on eyelashes and eyebrows, as they can lead to serious injuries and infections. Proper training and education for employees on the use of safe and appropriate products is crucial to preventing injuries caused by the use of unsafe or unapproved products. Businesses should always have disclaimers, ingredients, and brand info on hand to provide to clientele as needed and for their own staff to understand the products they are using.
6. Importance of Insurance
Businesses must also have proper insurance policies in place to protect their customers in the event of an infection or injury. It is important for customers to inquire about the insurance policy of the salon before getting any treatments done. If a customer develops an infection, it is essential to notify the insurance carrier immediately and provide evidence of the measures in place to ensure cleanliness.
7. Need a Rating Guide
The lack of a rating guide for day spas is a major contributing factor to the issue of uncleanliness. Customers have no way of knowing which spas prioritize cleanliness and which do not. A rating guide would provide customers with the necessary information to make informed decisions about the salons they choose to visit. The rating guide could include information on the spa's hygiene practices, training and education for employees, and the safety of the products being used. The implementation of a rating guide would also encourage spas to prioritize cleanliness and hygiene in order to receive a higher rating.
Overall, the rise in personal injury cases related to uncleanliness in nail salons and day spas is a concerning trend that must be addressed. Nobody purposely is going to do things that endanger their customers. But it happens when places get busy, or when the proper training on cleanliness is not given.
Implementing a rating guide for these establishments, prioritizing cleanliness and proper training for employees, and using safe and appropriate products can help prevent infections and keep customers safe. Businesses must prioritize cleanliness and hygiene, provide training for their employees, and have proper insurance policies in place.
Mitchel Ashley established The Ashley Law Firm in 2009, seeking justice for personal injury clients with over a decade of in-depth experience behind him. Named on the Thompson West list of “Super Lawyers” every year since, he has brought hundreds of cases to a quick, satisfactory resolution, obtaining verdicts in the millions of dollars. Ashley is currently a member of the New York State Trial Lawyers Association (NYSTLA), having served on their board for several years, including as Chairman of the Partnership for Justice Committee.
