Ask Me Help Desk - Can I sue a massage place?

Ok so my question is. I went on Dec 29th and got a massage. I got this massage at a nail salon that also does facials, pedicurs, and massages. Well while I was getting the massage I told the lady she was being too rough. She lightened up a little bit, but not all that much. Well I left, and had bruises all over my back, not normal black and blue bruises but bruises where it looks like all my blood vessels are broken on my back. I went back the next day to speak with the manager and they said he was gone, so I asked when he would be back and they said they didn't know. I am wondering if this person that did the massage is even licensed to do them? (they are all koren). I ended up having to leave work early yesturday because of the pain in my back and had to give away over half of my tables (I am a server), it hurts to move around. I went to work today, but they had to put me on a 2 table station instead of a 4 because they could tell I am still in pain. Anyway, can I sue this place for this? I had a friend take pictures of my back yesturday, and it looks pretty bad. I am going to call my doctors on Wed, since they are closed for the holiday.. SO should I just go and ask for a refund, even though Im sure I won't get it, or can I contact an attorney over this? Any information would be really helpful.. I just need to know what I should do in this situation. I live in New Jersey if that helps.. Also if I can sue, what type of attorney do I contact? Thank you so much..

I am so sorry you had such a horrible and painful experience. If you are just wanting a refund, I would pursue that first, with photos in hand and take someone with you who can witness how you approach the management and what their response is. I would also present any doctor bills that resulted in this injury and lost time from work. If you are not satisfied you have been treated fairly by the management, then you could contact a "Personal Injury" attorney in your area. Sometimes, just one phone call from an attorney will spur the person to make things right out of court. Be aware that most attorneys charge, not by the job, but by the time spent on the case, so would charged for each phone call, charging a certain amount that they charge per hour so if the call took 15 minutes, they might break that charge down but each phone call they make regarding the case, you would be charged for. For your protection, please ask them their rates and what they charge per hour and if they do charge for each phone call made and each letter sent. Many attorneys will not charge for the first consultation fee when you make an appointment to visit with them about the issue and their fees. Many also, are gracious enough to make the first phone call at no charge and if that doesn't work, then will charge for any calls or letters, etc. after that. Just be clear with them and they with you how you want this to be pursued, in terms of what you want out of it if it goes to court. I was told one time that in a malpractice suit, a doctor (which I realize this would not be the same but just mentioning this) has to pay the first $10,000.00 out of pocket so if you aren't suing for a huge amount, the attorney will not want to pursue it but they are usually up front about all of that. I am not a legal expert, just saw your question and wanted to share what either my experience or experience of my friends have been but not in your state. Just be sure to be clear and have it in writing about charges up front. Saves heart ache and bad feelings later. Best to you in this New Year! Hopefully, someone more knowledgeable than I will hop on here later for you.

Quote:

Originally Posted by jrebel7

I am so sorry you had such a horrible and painful experience. If you are just wanting a refund, I would pursue that first, with photos in hand and take someone with you who can witness how you approach the management and what their response is. I would also present any doctor bills that resulted in this injury and lost time from work. If you are not satisfied you have been treated fairly by the management, then you could contact a "Personal Injury" attorney in your area. Sometimes, just one phone call from an attorney will spur the person to make things right out of court. Be aware that most attorneys charge, not by the job, but by the time spent on the case, so would charged for each phone call, charging a certain amount that they charge per hour so if the call took 15 minutes, they might break that charge down but each phone call they make regarding the case, you would be charged for. For your protection, please ask them their rates and what they charge per hour and if they do charge for each phone call made and each letter sent. Many attorneys will not charge for the first consultation fee when you make an appointment to visit with them about the issue and their fees. Many also, are gracious enough to make the first phone call at no charge and if that doesn't work, then will charge for any calls or letters, etc., after that. Just be clear with them and they with you how you want this to be pursued, in terms of what you want out of it if it goes to court. I was told one time that in a malpractice suit, a doctor (which I realize this would not be the same but just mentioning this) has to pay the first $10,000.00 out of pocket so if you aren't suing for a huge amount, the attorney will not want to pursue it but they are usually up front about all of that. I am not a legal expert, just saw your question and wanted to share what either my experience or experience of my friends have been but not in your state. Just be sure to be clear and have it in writing about charges up front. Saves heart ache and bad feelings later. Best to you in this New Year! Hopefully, someone more knowledgeable than I will hop on here later for ya.

Thank you so much.. see I have tried to contact the management several times, but every time I go in there, they tell me he is "out". I am getting frustrated.. I just want to be compensated for the time I lost at work, and the money I lost at work, as well as a refund for the massage,. However, if I find out they are not licensed to do this, I do want to take legal action to be sure this does not happen to anyone else.. you know.. thanks for the advice, and yes I do hope someone else will know more about this and give me some advice.

I hope so also. Just wanted you to know your post was being read and others will read it later. Hang in there. Your frustration is well-founded. I would be upset also. Good luck.

Hello shes:

You can sue in small claims court. I'd do that instead of trying to deal with the store. They'll NEVER give you your money back. Plus, whether they have a license or not isn't really a factor in your case. They hurt you EVEN if they DID have a license.

You'll only get the cost of the massage, your medical bills and a few bucks for pain and suffering. I don't think it's worth hiring a lawyer for. Small Claims Court is cheap, quick and easy.

excon

Quote:

Originally Posted by excon

Hello shes:

You can sue in small claims court. I'd do that instead of trying to deal with the store. They'll NEVER give you your money back. Plus, whether they have a license or not isn't really a factor in your case. They hurt you EVEN if they DID have a license.

You'll only get the cost of the massage, your medical bills and a few bucks for pain and suffering. I don't think it's worth hiring a lawyer for. Small Claims Court is cheap, quick and easy.

excon

See, I knew someone who hop on here who could help better than me. Excon, so glad for your input. Sounds like great advice.

You should give them first an official notice, send them a letter demanding the money, send it by certified mail. Also you may want to research at city hall, who is the owner of the business, it should be shown on the city business license. Also many such shops have liability insurance, so you may also request to know who their insurance carrer is.

But small claims court as excon has recommened is your best choice.