A visit to the health spa should be relaxing and enjoyable. Whilst this is the case for many people, there are instances in which people may be harmed by a beauty treatment or be otherwise injured in a health spa. In our guide to health spa accident claims we look at when and how you could make a personal injury compensation claim.
We cover what happens when you make a claim, whether you could claim for an accident at work and examine the evidence you need to successfully claim. We also look at how compensation settlements may be calculated. Our guide ends by looking at how a No Win No Fee solicitor could help you.
For more information on making a health spa injury claim, please contact our team.
- Call us now on 0800 073 8801
- Get live advice by clicking at the bottom of our page.
- Click here to start a claim.
Browse Our Guide
- Can I Claim For A Health Spa Accident?
- How Can A Health Spa Accident Be Caused By Negligence?
- Can I Claim If I’m Injured When Working At A Health Spa?
- What Evidence Can Help In Health Spa Accident Claims?
- How Much Compensation For A Health Spa Injury?
- What Are No Win No Fee Health Spa Accident Claims?
- Learn More About Making A Personal Injury Claim
Can I Claim For A Health Spa Accident?
The occupier of a public space, such as a beauty salon or health spa, has a duty of care to visitors. This means that they have a duty to ensure your health and safety whilst on their property. This duty of care is set out in the Occupiers’ Liability Act 1957. The party controlling the space is referred to as the occupier and must take steps to make sure you are safe.
This could include taking steps such as:
- Carrying out risk assessments and implementing processes to mitigate any risks identified.
- Keeping public areas free from obstructions and trip hazards.
- Maintaining floors, addressing trip hazards and clearing up spillages or signposting them.
If they failed to take steps, such as these, and you suffered an injury, you may be able to make a personal injury claim.
The criteria to make any type of personal injury claim are that:
- You were owed a duty of care. In this case, by the occupier of the health spa. This may have been whilst on their premises or whilst undergoing a beauty treatment.
- They have breached this duty of care. For example, they did not carry out a patch test on you before applying chemicals to your scalp/ hair.
- You were injured, such as suffering a chemical burn.
Speak to an advisor today to learn more about the criteria you need to make health spa accident claims.
How Can A Health Spa Accident Be Caused By Negligence?
A health spa may provide a very wide range of different services and beauty treatments. These may involve the use of various different chemical products or types of equipment. As such, there are different ways in which accidents could happen and injuries for which you could make a public liability claim.
- Chemical burns – therapists may be required to be trained in the correct usage of products containing certain chemicals. They must also ensure that they are correctly applied. If they failed to do so, you could make a chemical burn compensation claim.
- Waxing injuries – if the wax is too hot when applied it could cause burn injuries. If it has not been correctly applied, it could also rip the skin when removed.
- Allergic reactions – beauty treatments could cause an allergic reaction. Therapists should carry out a patch test prior to the application of certain treatments. Failing to do so could cause a serious allergic reaction.
- Other soft tissue injuries – therapists may apply too much pressure during a massage causing pain and injury.
These are just some examples of the types of personal injury claims you could make for injuries in a health spa. To be able to make a public liability claim, you just need to show that you satisfy the criteria outlined in this guide.
For more information on how to claim for a beauty treatment negligence injury, please contact our team.
Can I Claim If I’m Injured When Working At A Health Spa?
Having looked at the duty of care owed to customers, we shall now look at that owed to employees of a health spa. If you work at a health spa, whether providing beauty treatments or in another capacity, your employer has a duty of care to you.
Under legislation such as the Health and Safety at Work etc. Act 1974, your employer has a duty of care to ensure your safety in the workplace. This may mean that they should take appropriate steps such as complying with guidance and regulations on the Control of Substances Hazardous to Health in hairdressing and provide you with personal protective equipment as well regular training.
If they have failed to do so and this caused you to be harmed in an accident at work, you could claim compensation.
The eligibility criteria to claim for an accident at work are that:
- Your employer owed you a duty of care.
- They breached this duty of care.
- You were injured as a result of this.
Our advisors can provide further information on the accident at work claim process. Please contact us to see how one of our solicitors could help with health spa injury claims.
What Evidence Can Help In Health Spa Accident Claims?
In order to make a successful health spa accident compensation claim you need to provide evidence which clearly shows that negligence occurred and that this caused you harm. Having the right evidence could clearly show who was at fault, what happened and how you were harmed. It can also serve to highlight how your health spa injuries will impact you going forward.
Potential types of evidence which could support your case may include:
- Photos of your injuries – if you suffered visible health spa injuries you should take photos of these. Photos over time can also help to show any changes to or progression of the injury.
- CCTV footage – treatment rooms may have CCTV fitted for customer and staff safety. If there is such footage, it may help to show how the accident happened. You can request CCTV accident footage for your claim.
- Medical records – these should include information about any injuries you sustained as well as details of the treatment you needed and any you may still require. Medical information could also help to prove your claim for medical expenses, highlighting the need for such care.
- Witness contact information – if anyone witnessed the beauty treatment be carried out negligently, they could submit a statement. This may be taken at a later point in the claims process.
Please contact an advisor today to find out how our solicitors could help with health spa accident claims.
How Much Compensation For A Health Spa Injury?
If you are thinking about making a compensation claim, you may wonder how much compensation for a health spa injury you could be eligible to claim. Health spa accident claims are calculated and assessed individually. This means that we can not say how much you could be entitled to claim until our advisors and No Win No Fee solicitors have reviewed your case.
When assessing claims, two heads of loss may be considered. General damages are awarded to compensate you for the suffering and pain the accident caused. To value these, solicitors and other parties may use the Judicial College Guidelines (JCG). In the JCG you can find guideline brackets for different injuries
The second head of claim is special damages. Special damages compensate you for financial impact your injury has caused you. We examine special damages in the following section.
Below, we take figures from the JCG to create our table. Please be aware that the first row figure does not come from the JCG. This figure includes loss of earnings and other special damages.
| Injury | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple injuries | Severe or serious | Compensation is inclusive of special damages. | Up to £300,000+ where special damages are awarded. |
| Scarring - other parts of the body | Such as serious burn injuries. | Where significant burns cover 40% or ·more of the body, awards are likely to exceed £127,930 | Likely to exceed £127,930 |
| Scarring - other parts of the body | A number of noticeable lacerations | Affecting the legs, hands, arms, chest or back. | £9,560 to £27,740 |
| Scarring - other parts of the body | A single scar or several superficial ones | Affecting the arms, legs or hands. | £2,890 to £9,560 |
| Disfigurement to the face | Very severe scarring (A) | Claimants aged teens to thirties. | £36,340 to £118,790 |
| Disfigurement to the face | Less severe scarring (B) | There has been a significant psychological reaction and disfigurement. | £21,920 to £59,090 |
| Disfigurement to the face | Significant scarring (C) | Plastic surgery can reduce the worst effets. | £11,120 to £36,720 |
| Disfigurement to the face | Less significant scarring (D) | There is either one scar or several smaller ones. | £4,820 to £16,770 |
| Disfigurement to the face | Trivial scarring (E) | Where the effect has only been minor. | £2,080 to £4,310 |
| Damage to hair | Consequence of defective, permanent treatment (A) | May include physical injuries and psychological disability. | £8,960 to £13,450 |
Can I Claim For Loss of Earnings Caused By My Health Spa Accident?
Health spa accident claims may also be awarded special damages. This compensates for a variety of financial losses and expenses. They may compensate for:
- Lost earnings and income – whilst taking time of work to recover from your health spa injuries, you may lose income. This could be recovered as part of your claim.
- Medical cost and expenses – the cost of medical care, medication and physiotherapy could all be recovered.
- Travel costs – the cost of travelling to attend a medical appointment could be recovered.
There are further examples of how you could be compensated through special damages. To claim for these or any others, you must submit evidence of such losses. This could include invoices for medical treatment or wage slips showing lost income.
Please contact our team for further information on how a personal injury compensation calculator works.
What Are No Win No Fee Health Spa Accident Claims?
Making a personal injury claim can be a complex process. That is why we believe that many people could benefit from claiming with one of our solicitors. Whilst you do not have to use a solicitor, the benefits of doing so may include leveraging their knowledge of the claims process and their help in explaining complex legal jargon.
We also understand that you may be concerned about the potential cost of claiming with a solicitor. That is why our solicitors could handle your case through a Conditional Fee Agreement (CFA). Under a CFA, your claim is handled on a No Win No Fee basis. Your solicitor will work on your case without you making any payments in advance or whilst the claim is underway.
Instead, you will only need to pay if your claim is successfully resolved. If it is, the solicitor will deduct a legally limited success fee. If it is not, there is nothing to pay for the solicitors’ work.
Please get in touch with us if you are ready to make a health spa injury compensation claim. You can:
- Call now on 0800 073 8801
- Get live advice from us via the chat below.
- Start a claim online by completing our form.
Learn More About Making A Personal Injury Claim
In this last part of our guide we provide related guides from across our site as well as external resources.
- You can use our personal injury loss of earnings calculator to see how this type of compensation may be calculated.
- You can read about the time limit to claim with a personal injury solicitor in this guide.
- Get the answers to frequently asked questions about public liability claims in this guide.
External reference articles.
- You can learn more about the regulation of beauty treatments and the licensing of non-surgical cosmetic procedures in this government resource.
- Read about treatment for burns and scalds in this NHS resource.
- Learn about aesthetics regulation in this resource from the British Beauty Council.
We hope our guide to health spa accident claims has helped you. For more information on making a claim, please get in touch with our team today.
