We get massages to relax, heal an injury, or as long-term therapy. In essence, we go to a masseuse to feel better. But that's not always the case.
As with any medical or therapeutic treatment, a massage doesn't always go as planned, and sometimes a massage can result in injury. If that happens, can you sue?
What Kind of Lawsuit?
Suing for a massage injury is much like a classic medical malpractice case: Spas, gyms, and the massage therapists they employ owe patients a standard of care equal to their expertise. If a therapist fails to meet this standard, he or she could be at fault for medical malpractice.
Whether the therapist fails to diagnose an injury, fails to treat an injury properly, or causes a new injury, a massage client could have a medical malpractice claim. An injured client could also sue a massage therapist for negligence, arguing:
- The therapist owed you a duty of care
- The therapist, through the massage, breached that duty
- The breach caused an injury
- The injury caused you physical, psychological, and/or financial damages
Who Can You Sue?
While a massage therapist may be liable for your injury, you may also have a claim against the owners and operators of hotels, health spas, gyms, and other facilities hosting massages. Under the theory of vicarious liability, employers can be held liable for the negligence of their employees.
In medical malpractice-type cases, other staff may also be responsible for negligence. And if there is an unsafe condition at the massage facility, you may have a premises liability claim: property owners, especially those open to the public, must maintain a hazard-free premises and could for injuries that occur on their property.
To avoid massage injuries, only use licensed and accredited massage therapists. If you've been injured during a massage, you can consult an experienced injury attorney near you.
- Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
- Proving Fault in Medical Malpractice Cases (FindLaw)
- Florida Woman Strangled by Neck Massager (FindLaw's Injured)
- 4th Cir. Overturns Massage School's Reaccreditation (FindLaw's Fourth Circuit)
Originally Seen On: http://blogs.findlaw.com/injured/2015/08/massage-injuries-can-i-sue.html