Michigan Nail Salon Injury Attorneys Fighting for Justice and Full Compensation
A manicure or pedicure is supposed to be relaxing, not the start of a serious injury. When a nail salon cuts corners on sanitation, uses damaged equipment, or allows an unlicensed or poorly trained technician to work on clients, the result can be a painful infection, a laceration, a chemical burn, or worse.
RTRLAW’s Michigan personal injury attorneys have been providing caring, compassionate legal advice and skilled representation to injury victims since 1988. For more than three decades, we have helped tens of thousands of clients and secured hundreds of millions of dollars in settlements and verdicts for them, and our Michigan team serves clients throughout Detroit and across the state.
Managing Partner Nicholas R. Thompson and our team have spent decades holding negligent businesses accountable, and we understand exactly how Michigan’s premises liability and comparative fault rules apply to a nail salon injury claim.
Types of Nail Salon Injuries We Handle
Nail salon injuries happen more often than most clients realize, and they can range from painful to genuinely dangerous. Common injuries include:
- Bacterial and fungal infections from unsanitized pedicure tubs, foot baths, or tools
- Chemical burns from acrylic and gel monomers, acetone, or improperly used cuticle removers
- Cuts, lacerations, and torn cuticles from unsanitized or improperly used tools
- Burns from hot wax, paraffin treatments, or UV and LED curing lamps
- Nerve damage or nail bed injuries from improper filing or drilling
Some of these injuries resolve on their own, but others, particularly infections that spread or go untreated, can require significant medical care, including antibiotics, wound care, or in severe cases, hospitalization. Bacterial infections from unsanitized foot baths, for example, have been linked to serious skin infections that require weeks of treatment, and untreated fungal infections can spread to other nails or even other people in a household.
Whatever the extent of your injuries, if we choose to take your case, you will not pay anything upfront. RTRLAW works on contingency fees, which means you pay nothing unless we win your case and recover money for you.
Michigan Premises Liability Law: A Major 2023 Change
For over two decades, Michigan premises liability law let a property owner, including a nail salon, escape liability entirely if a hazard was considered “open and obvious,” under the rule from Lugo v. Ameritech Corp. That changed significantly in 2023.
In Kandil-Elsayed v. F & E Oil, Inc., 512 Mich. 95 (2023), the Michigan Supreme Court overruled Lugo and eliminated the open and obvious danger doctrine from the duty analysis entirely. Under the current rule, a business still owes its customers a duty of reasonable care regardless of whether a hazard was obvious, and the obviousness of a condition is now considered only when evaluating whether the business breached that duty and how fault should be divided between the business and the customer.
In practical terms, a salon can no longer automatically avoid liability for a hazard, such as a cracked pedicure chair, a spilled chemical, or a visibly worn cord, simply by arguing that a customer should have seen it and avoided it. That argument may still reduce a customer’s recovery under Michigan’s comparative fault rules, described below, but it is no longer a complete defense.
This change matters more in a nail salon setting than it might first appear. Many salon hazards, spilled acetone on the floor, a frayed cord on a UV lamp, a countertop cluttered with sharp tools, could once have been dismissed by a salon’s insurer as things a reasonable customer should have noticed. Under the current rule, the salon still has to show it acted reasonably in maintaining a safe environment, and the case proceeds to a full evaluation of fault rather than an automatic dismissal.
Salon Licensing and Sanitation Violations as Evidence of Negligence
Michigan requires nail technicians to be licensed through the state’s Board of Cosmetology, and licensed salons must follow specific sanitation rules covering everything from disinfecting tools between clients to properly disposing of single-use items and maintaining clean foot baths.
The state’s official cosmetology shop inspection requirements spell out exactly what a licensed, compliant salon is supposed to do. When a salon violates these requirements, whether by reusing single-use tools, failing to properly disinfect equipment, or employing unlicensed technicians, that violation can serve as strong evidence that the salon failed to meet its duty of reasonable care to its customers.
Records that can support a claim include the salon’s inspection history, whether its cosmetology establishment license and individual technician licenses were current at the time of your service, and any prior sanitation complaints or violations on file with the state. This kind of documentation often has to be requested formally, which is one of many reasons hiring an attorney to conduct an early investigation matters.
Comparative Fault in Michigan: How It Actually Works
Michigan follows a comparative fault system under MCL 600.2959, but the rule works a little differently than in many other states. If your percentage of fault is greater than the combined fault of the other party or parties, meaning you are more than 50 percent at fault, you cannot recover noneconomic damages, such as pain and suffering. Your economic damages, including medical bills and lost wages, are still recoverable in that situation, but they are reduced by your percentage of fault.
If your fault is 50 percent or less, both your economic and noneconomic damages are simply reduced in proportion to your share of fault, rather than being cut off entirely. This split between economic and noneconomic damages is a distinctly Michigan approach, and it means the fault percentage assigned in your case can affect different parts of your compensation differently.
Who Can Be Held Responsible for a Nail Salon Injury?
More than one party can share responsibility for a nail salon injury, depending on what caused it:
- The salon itself, for failing to maintain a sanitary environment or properly train and supervise staff
- The individual technician, for using unsafe technique or ignoring visible signs of contamination
- A product manufacturer, if a defective chemical product or piece of equipment caused the injury
- A property owner or landlord, if a structural hazard on the premises contributed to the injury
Identifying every responsible party matters because it can open up additional insurance coverages beyond a single salon’s general liability policy, particularly in product-related injuries where a manufacturer’s insurance may be available in addition to the salon’s own coverage.
How Long Do You Have to File a Claim in Michigan?
Under MCL 600.5805, claims for injury to a person in Michigan generally must be filed within 3 years of the date of the injury. Missing this deadline generally bars your claim permanently, regardless of how clear the salon’s negligence was or how serious your injury is.
Infections and allergic reactions sometimes take days to fully develop after a salon visit, which can make it harder to pinpoint exactly when an injury occurred. Documenting the date of your appointment and the date your symptoms began helps establish a clear timeline for your claim and protects your rights under this deadline.
What Should You Do After a Nail Salon Injury in Michigan?
Seek medical attention promptly, especially for any sign of infection, such as redness, swelling, warmth, or discharge, since these can worsen quickly without treatment. Take photographs of your injury as soon as symptoms appear and continue documenting how it changes over time.
Identify the specific salon, the technician who performed your service, and if possible, the exact tools, products, or equipment involved. Note whether the salon appeared clean and whether tools looked properly sanitized, and keep your receipt or any appointment confirmation showing the date of service.
Report the injury to the salon in writing if you can do so safely, and consider reporting serious sanitation violations to Michigan’s licensing authorities, since a documented complaint can support your claim and may also protect future customers.
Avoid posting detailed accounts of the incident on social media before speaking with an attorney, since insurers routinely review a claimant’s public posts looking for statements that can be used to dispute the severity of an injury or shift blame. Keep your own private, detailed notes instead, and let your attorney determine what should be shared and when.
Is a Lawyer Really Necessary for Your Nail Salon Injury Case?
No one is legally required to hire an attorney to pursue an injury claim, but insurance companies do not want you to have one. They know that claimants without legal representation typically settle for far less than their claim is actually worth, and they are prepared to use that to their advantage.
Nail salon cases often turn on technical details, licensing records, sanitation protocols, and how Michigan’s post-2023 premises liability rules apply, that a general negligence claim in another context does not raise. RTRLAW’s attorneys have spent decades negotiating with insurance companies on behalf of injury victims. You can review additional client case results on our site.
We use the power of the law to compel evidence, including salon inspection records, licensing history, and internal sanitation logs that a salon has no incentive to volunteer on its own. An attorney who knows what to ask for, and how to get it, often uncovers evidence that materially changes how an insurer values a claim.
RTRLAW Can Help With Your Michigan Nail Salon Injury Case
You should not have to spend the aftermath of a salon injury fighting alone to get better. At RTRLAW, we fight to hold negligent salons, technicians, and product manufacturers fully accountable.
We offer immediate consultations by phone, video, or in person across Detroit and the rest of Michigan. If you cannot come to us, our attorneys and investigators can come to you. Paperwork can be handled electronically by email or text, so you can focus on your recovery rather than logistics.
If you or a loved one was injured at a Michigan nail salon, don’t wait. Contact RTRLAW by calling (313) 355-9399 today 24 hours a day, seven days a week, for a free, no obligation case review. We handle personal injury claims on a No Win, No Fee basis, true to our commitment to Retain The Flame for every client we represent.
