I recently attended a nail bar and had new nails applied, subsequently I had an allergic reaction, am I entitled to claim for an allergic reaction to false nails?
To determine if you are eligible to claim for an allergic reaction to false nails you must first investigate the circumstances surrounding your injury. Are you aware of any allergies you may have? Did the nail technician consult you about the chemicals in the product that may cause an adverse reaction and were you fully aware of all the dangers associated with using the product?
An initial skin patch test should have been carried out by the technician to detect any possible adverse reaction to the chemicals contained in the nail products. If this was not done, you may be entitled to make a compensation claim for an allergic reaction to false nails.
The Control of Substances Hazardous to Health Regulations 2002 stipulates that nail bars provide adequate ventilation in public areas as the chemicals contained in nail products can cause skin reactions or breathing disorders such as asthma. The nail bar has a duty of care to both customers and employees and if the necessary safety standards are not maintained you may be eligible to claim compensation for an allergic reaction to false nails.
Your first priority in the aftermath of an accident must always be your health; therefore you should seek professional medical attention without delay. This will also ensure that your injury is noted in your medical history and could be used to substantiate any claim for an allergic reaction to false nails. It will also mean that it cannot be alleged by the negligent party’s insurance company that you adversely affected your injury by not seeking immediate medical attention as this could affect the amount of compensation you are entitled to, if it was determined that you contributed to your injury through your own carelessness.
Once you have received professional medical attention, you should record your injury in the business’ ‘Accident Report Book’ and also keep a copy for yourself. Once the record is made, the salon may have to inform their insurance company about the accident as it is likely to be stipulated in their insurance policy. You may be approached by a direct or early offer of compensation from the insurance company soon after. It is imperative that you consult a personal injury solicitor about any direct offer you receive. This is due to the fact that the full value of your compensation claim will not yet be known and by accepting a direct offer of compensation, you risk being undercompensated for your injury and you cannot go back and ask for more.
If you decide to pursue a claim for compensation, your solicitor will write a ‘Letter of Claim’ to the negligent party’s insurance company informing them of your intention, the insurance company then has 21 days to acknowledge the letter and a further 90 days to inform your solicitor of their intentions.
The amount of compensation you are entitled to will be affected by the nature and severity of your injuries as well as any impact they may have on your personal life, your age, sex and general state of health prior to the incident will also be taken into account.
You are best advised to contact a personal injury claims solicitor in order to determine if you should pursue a claim for an allergic reaction to false nails.