When you visit a day spa, you expect to leave feeling better than you left, hopefully refreshed and renewed. The last thing you would anticipate is to be harmed by a masseuse, employee or a hazardous condition on the premises. Even the wrong chemical used on your skin can cause severe physical harm. Unfortunately negligence is becoming more common at NY day spas. We are constantly hearing about alleged wrong-doings at day spas such as “Spa Castle”, “Massage Envy” and “Hand and Stone” among others.
Some claims against day spas have included improper massage techniques that resulted in severe pain requiring surgery to fix the damage. Injuries ranged from torn ligaments to broken bones. Other times the pools are not being properly maintained. In 2016 Spa Castle in Queens was shut down for a period of time by the Health Department. “The Health Department has ordered the closure of all pools at Spa Castle in Queens after an ongoing investigation found the facility was not following safety standards,” the agency said in a statement. The facility’s pools remained closed until a revised safety plan was put into place and the Health Department was satisfied that Spa Castle was compliant. The move followed a near-drowning incident involving a six year old child.
That same year, an aspiring singer from Brooklyn filed a lawsuit against Spa Castle (Manhattan location), claiming that the hot tub allegedly gave her second degree burns. Spa Castle allegedly “failed to make sure the temperature and chemicals at its East 57th Street location were at safe levels.”
According to some reviews of Day Spas on sites such as Yelp or TripAdvisor, the management at some facilities do not allow you to wear footwear, even near the pool areas. Common sense would tell someone that it is an accident waiting to happen. Some businesses just don’t care apparently.
“The sad truth is that our firm is getting more calls about these injuries daily. People going in expecting a wonderful relaxing outcome, and instead are reeling in pain. Sometimes the pain is physical as in a slip and fall case, or a massage that went terribly wrong. Sometimes it goes in another direction you wouldn’t expect, like sexual assault. Professionalism is never guaranteed, but it should be… It can be difficult for victims to step up and speak out, but it’s the best thing to do an ultimately you may be entitled to compensation and prevent it from happening to someone else.”
If you or a loved one has been injured during a spa service in New York City or Long Island, you should contact one of the dedicated attorneys at the Goldstein and Bashner. Estheticians and Masseuses at spas are in a unique position because they may perform services similar to that which a doctor or chiropractor may perform. However, generally, instead of a medical malpractice lawsuit, an injured party may instead be required to bring a New York personal injury case against the responsible party. The attorneys at the Goldstein and Bashner can assist you in understanding your rights and remedies. You may be entitled to substantial compensation for your injuries.
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