Health Spa Injury Claim *
Health spa injuries * can range from inexperienced or negligent staff carrying out beauty treatments to an injury due to a hazardous environment. While a health spa is designed to relax and unwind a person, sometimes an individual can suffer an injury which may affect their quality of life. If a person feels that the injury suffered was no fault of their own accountability may lie with the health spa operator. The operator of the health spa has a duty of care to ensure that all areas of the property are safe for guests and that the treatments that are being offered are carried out in a safe manner by fully qualified, competent beauty therapists. Failure to comply with the expected duty of care can in some circumstances result in a public liability claim *.
- Damaged vertebrae
- Spinal injury
- Back injury
- Neck injury
- Injury to pelvic and hip area
- Skin and blood infections
- Ankle Injury
Slips, trips and falls
This is the most common reason for health spa injuries. Small spillages are left on the floor without any appropriate wet floor signage being displayed or spillages that have not been cleaned up in an appropriate amount of time.
Health spas operate with chemicals and a number of different products on a daily bases. This means that the employees have an obligation to know which chemical to use and the correct dosage for it. Guests should be asked to fill out a form prior to treatment to find out if there could be any allergic reactions to products.
Soft tissue injury
Health spa therapists usually provide a massage service. It is worthwhile noting that the massage therapist must be fully qualified. If the employee isn’t adequately trained it can lead to soft tissue injuries, whereby the massage is too forceful causing damage to tissue.
Poor hygiene standards
An inadequate level of health and safety can cause guests to become ill and contract illnesses. The warm water of hot tubs and Jacuzzi’s is an ideal climate for dangerous bacteria and organisms to grow. When water is not circulated and not thoroughly cleaned on a regular basis it provides an ideal growing spot for these bacteria’s. Chlorine added to water will clean and disinfect some of the water and kill some of the bacteria but a large amount will still remain. Treatments room need to be sanitized on a regular basis to prevent the threat of the bacteria transmitting across the area.
Negligence can present itself in many forms, for example, the health spa may be held liable if they:
- Perform the wrong treatment
- Uses incorrect equipment and other materials when carrying out a treatment
- Does not clean or sanitize tools correctly
- Allows staff to work without adequate training or qualifications
- Incorrect practice of procedures such as acupuncture
Preventing Health Spa Injuries *
Health Spa’s should ensure that the risk of accident and injury is minimal and can do so by ensuring the following – you can also ask for details on the following to ensure that you are attending a safe health spa:
- Price – is the health spa offering a great discount compared to others? This could be an indication of the level of care provided. Be wary of taking these discounts.
- Onsite medical care – does the health spa have medical care on-site?
- Keep up to date credentials and training qualifications – you can ask to see these if you are unsure of the standard offered by the health spa.
Making a Claim
All businesses in the health spa industry have an obligation to abide by The Sale of Goods and Services Act 1982. This act states that when a consumer enters a contract for goods and/or services, those goods and services must be carried out with a reasonable level of care and skill.
Liability can sometimes be difficult to determine whereby the negligent part may be reluctant to accept liability. Having said this, if a person has unnecessarily suffered pain as a result of substandard care they have to right to assess their legal options.
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