Health spa injury compensation claims

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A guide to making a No Win No Fee health spa injury claim

Health spa operators have a duty to ensure that all areas of their premises are safe at all times and that treatments they offer are carried out in safe manner by qualified, competent therapists.

Where the quality of care falls below an acceptable standard, and an individual is injured as a result, it may be possible to make an occupiers' liability injury claim.

Our network of solicitors do not currently have the capacity to take on holiday-related injury and sickness claims outside the UK. It is recommended that you contact a personal injury specialist solicitor to discuss your options as soon as possible, as some jurisdictions have limitation dates of less than the three year limit that is standard in the UK.

Health spa-related injuries

In general, health spas maintain a very high standard of hygiene and health and safety.

However, many alternative therapies provided by health spas, such as acupuncture, are under-regulated and spa facilities including saunas, swimming pools and gyms carry inherent risk of injury.

Where Health and Safety standards fall below an acceptable level, the risk of injury or illness to both patrons and staff increases significantly.

The injury risks associated with health spas include:

Hygiene standards

Both staff and clients can be made ill by inadequate health and safety.

Spa pools, including hot tubs and whirlpool baths, present an ideal environment for potentially dangerous organisms, especially where the water is not circulated and cleaned regularly. Chlorine added to the water as an alternative to thorough draining, cleaning and disinfecting will kill some, but not all microorganisms.

Transmission of bacteria and viruses may take place in treatment rooms if they are not sanitised between client treatments. Data from the UK Spa Association released in December 2014 suggested that occupancy of treatment rooms at spas during opening hours is around 41%. Left unoccupied and uncleaned for extended periods, treatment rooms create the ideal environment for some harmful microorganisms.

Prevention of slips and falls

Wet and recently cleaned floors may be a hazard to clients with slips on such floors among the most regularly reported accident types at health spas. 

Those areas that are inevitably wet and slippery must be covered with anti-slip matting to prevent accidents. Warning notices to advise clients of the potential hazards should also be in place.

Any spillages should be dealt with as soon as identified and a good system of inspection and cleaning should be in place to ensure the safety of clients.

Chemicals in use at health spas

Safety procedures relating to the handling, storage and disposal of chemicals must be followed to ensure clients are not exposed to any chemicals that may cause them harm.

The Control of Substances Hazardous to Health (COSHH) Regulations 2002 extend from cleaning products and disinfectants, through to potentially hazardous chemicals contained in certain beauty treatment products, including nail varnish and nail varnish remover.

Beauty Therapist errors 

Treatments offered by health spas must be provided by trained and competent therapists to avoid injury to clients. This duty of care covers treatments including waxing, head massage and hot stones massage, all of which may cause injury if not performed correctly.

It may be possible to make a beauty treatment injury claim following negligent treatment.

Clients may also experience allergic reactions to some products and a therapist should enquire of the client if she has any known allergies. It may be necessary to either avoid the product or to carry out skin patch tests before proceeding with the treatment if it is believed there may be a risk.

Failure to test for allergies may be strong evidence of a therapist's negligence.

No Win, No Fee agreements and health spa injury claims

A No Win, No Fee agreement, also known as a CFA or "Conditional Fee Agreement", comprises a key piece of a claim for injury compensation.

A CFA explains the service provided by the lawyer, and importantly, a "success fee". The "success fee" will be the amount that will be taken from your compensation when the solicitor wins the claim.

You have no hidden fees when working with a Quittance solicitor. You can focus on your rest and recovery, with the knowledge that that there is absolutely nothing to pay at the outset.

Next steps

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