Many people in Las Vegas go to tanning salons for that perfect, glowing look. However, these experiences may end up in severe burn injuries. These injuries could come from the UV light, chemicals, or heat from the tanning bed bulbs. Burn injuries can leave you with intense pain and sometimes with medical bills. In severe cases, burn injuries can prevent you from returning to work. Most tanning bed salons advertise their facilities and services as safe.

Therefore, if you are injured during the tanning session, you could sue the salon for damages. Suing a tanning salon may involve filing a personal injury lawsuit. During the lawsuit, you must prove the negligence of the salon or staff that caused your injuries. After reviewing your case, the judge can award you compensation for your losses.

Most tanning salons do not compensate you without a fight. Therefore, they may present a defense in your lawsuit. For this reason, you should hire and retain a skilled lawyer throughout the process.

An Overview of Tanning Bed Burn Injuries

Due to the intense concentration of UV radiation, tanning beds can cause severe injuries. Also, direct contact with heating agents and chemicals could result in burns. These burns can range in severity depending on the length of your exposure. Common types of burn injuries you could suffer from a tanning bed include:

Radiation Burns

Radiation or UV burns are the most prevalent type of burn injury you could suffer during your tanning sessions. This type of burn happens when the intense UV rays damage the DNA in your skin cells. Examples of UV burns include:

  • First-degree burns. A first-degree burn only affects the outer layer of the skin. The burn is characterized by redness and skin tenderness. Also, you could experience significant pain.
  • Second-degree burns. Second-degree burns extend deeper into the skin, penetrating the epidermis, which is the second layer of the skin. These types of burns cause severe pain, blistering, and redness. Second-degree burns may sometimes lead to scarring.
  • Significant redness. This is an extreme skin reaction to UV exposure. The redness from this injury may appear 24-48 hours after your tanning session.

Thermal Burn

Whine UV causes internal burns during tanning, and exposure to tanning bed components can cause heat burns. The most common type of thermal burn is the contact burn. Such a burn occurs when you come into contact with metal components and hot lamps. You could suffer a thermal burn if the cooling systems of the tanning bed fail or if you fall asleep during your tanning session.

Chemical Burns

You can suffer a chemical burn during a tanning bed session if your skin reacts to the sanitizing agents or tanning lotions. The common types of chemical burns include:

  • Allergic reaction. Some tanning lotions could cause severe reactions when combined with ultraviolet light. Such a reaction can result in a burn rash depending on the exposure time.
  • Cleaning agent reactions. If the tanning beds are not cleaned properly, there may be residual chemicals that can react harshly with your skin when the beds are heated.

Eye Injuries

If you fail to wear the right protection for your eyes during a tanning session, you can suffer severe injury from UV exposure. Common symptoms of sunburned eyes include light sensitivity and blurred vision.

Suing the Tanning Salon for Your Burn Injuries

If you suffer a burn injury at a tanning salon, you have a right to compensation. You can recover some of the donation by filing a claim or personal injury lawsuit against the salon. The steps you could take to file a lawsuit include:

Seek Medical Care

You should prioritize your health and well-being after suffering a tanning bed burn injury. Therefore, if you start to experience the symptoms of a burn, you should seek immediate medical care. Delaying treatment can worsen the condition. When seeking treatment, you can request the doctor to document your injuries and treatment for use in your claim.

Document your Injuries

After seeking medical care, you should have all your injuries on record. Often, after treatment, you can use your doctor's records. Proper documentation helps ensure that you seek consultation for all injuries.

Report the Incident to the Salon

Armed with proper documentation, you can report your burn injury to the salon. When making this report, you should present the facts and avoid assumptions. Also, you should not take any blame for the injury.

Negotiate a Settlement

When you report the incident, the tanning salon can contact its insurance company for assistance in settlement. This could lead to a negotiation for an out-of-court settlement. In most cases, insurance companies seek to incur as little as possible in compensation. Therefore, you should walk into the negotiations with the guidance of a competent personal injury lawyer. Your lawyer will help you negotiate for the best settlement.

File a Lawsuit in Court

If the insurance company of the tanning salon is not willing to compensate you for the amount you seek, you can file a lawsuit. A personal injury lawsuit is a civil suit where you seek compensation for your injuries and losses through the court. In this case, the judge will review the evidence you present and the salon's defenses before issuing a verdict. The judge determines the amount for which you can recover as compensation.

Liability in a Tanning Bed Burn Injury Lawsuit

When you sue the tanning bed salon for your burn injuries during your tanning sessions. You must prove that they are liable for the injuries for you to recover compensation. In Nevada, liability is based on negligence. The elements of negligence that you must prove include:

Duty of Care

The duty of care is the responsibility that each person has to ensure that they do not cause harm to others. The tanning salon has a duty to keep its facilities safe. Also, they must give you precautionary measures to protect you from injuries during the tanning session. Establishing a duty of care is often straightforward.

Breach of Duty

Owing you a duty of care is not enough to hold the tanning salon responsible for your burn injury. You must prove that the staff at the salon breached the duty. A breach of duty means that they acted in a way that put you at risk of injury. Common forms of breach of duty that you can present include:

  • Poor maintenance of tanning beds. The tanning salon must maintain all the tanning beds in good condition. Also, they must ensure that all the components are in good condition. If you suffered an injury from a faulty tanning bed, you may have a right to sue the salon.
  • Failure to notify you when the session ends. The tanning salon staff must promptly inform you when your session ends. Failure to notify you could result in overexposure to UV and heating agents, which could burn your skin.
  • Negligent changing of light bulbs. To ensure even heat distribution throughout the beds, the salon staff must keep all bulbs at the same temperature. The salon breaches its duty of care towards you by failing to take this safety precaution.
  • Pressuring you to purchase an unsafe tanning package. When recommending tanning packages, the tanning salon should advise you on the safest option. If the staff pressure you into choosing an unsafe package, you can argue that they breached their duty of care towards you.

Causation

After proving that the tanning salon breached its duty of care, you must establish that its actions resulted in your injuries. The tanning salon's action should not be the only factor in your injuries. However, it must have contributed significantly.

Damages

The final element you must prove when establishing liability for a tanning bed burn injury is the injuries or losses you suffered. You can present evidence of your injuries through your medical records. Also, you can establish the lost wages you suffered.

Comparative Negligence in Your Tanning Bed Injury Lawsuit

When you file a lawsuit for your burn injuries, the salon will have the right to respond. Also, they can appear at the hearing to defend themselves. A common defense the salon can use is to argue that your actions contributed to the injury. If the court finds you partially responsible for the injury, the damages you stand to receive from the lawsuit are lower.

The court can find you partly liable for an injury under the following circumstances:

  • You asked the salon attendant to increase the ultraviolet intensity. There is a specific level of UV intensity that should be used for each patient. If you ask the attendant to increase it over the recommended level, the court can hold you partly responsible for the burns.
  • You rejected sunscreen. Before you enter a tanning session, the salon should offer you sunscreen to protect your skin. If you reject the sunscreen for personal reasons and suffer a burn injury, the salon can argue that you're to blame for the injuries.
  • You requested an unsafe package. The tanning salon employees should advise you on the best tanning package based on your skin type and overall health. If you choose a package that they advise you against, the salon can bring up the issue in your lawsuit.

Compensation Benefits for a Tanning Bed Burn Injury in Las Vegas

When filing a lawsuit for your tanning bed burn injuries, you must follow the right steps. In a successful lawsuit, you could be compensated for:

Medical Expenses

Tanning bed burn injuries can range from minor lesions to severe burns. Depending on the type of burns you suffer, you may incur a substantial amount of money for medical bills. In Nevada, if a person breaches their duty of care towards you and you suffer an injury, the court will hold them responsible for your medical bills. The compensation you will recover may cover:

  • Hospital stays
  • Medications
  • Surgical procedures
  • Rehabilitation

The court can award you compensation for current and future medical expenses depending on the seriousness of the injury. You will not recover compensation for medical bills until your case is resolved. Therefore, you may need to use other means to cover the expenses and pay back from the proceeds of your claims.

To secure maximum compensation for your medical bills, you should consult with a physician immediately after the burns. Also, you can ask them to document your diagnosis and treatments. Sometimes, the at-fault party may argue that your injuries existed before the tanning bed incident. In this case, you may need to provide your medical records before you visit the tanning salon. In most cases, medical expenses make up a large portion of your compensation.

Lost Wages

The tanning bed burn injuries can cause you to spend weeks or even months in the hospital. During this time, you may be unable to return to work. In your personal injury lawsuit, you can recover compensation for your lost wages. Lost income is the money you would have earned when you could not attend to your work duties. These benefits can cover:

  • Monthly income
  • Overtime
  • Bonuses
  • Income from self-employment

To prove your lost wages in court, you may need a letter from your employer. The letter can show how many hours you work and how much you earn per hour. With this information, the court can calculate the amount you have lost. If you are self-employed or your job is unstable, you could use your tax returns to prove the lost wages.

Lost Earning Capacity

In some instances, these tanning bed burn injuries might prevent you from getting back into the same position that you were in before the incident. Such an occurrence may arise if you were previously working in the beauty sector and sustained burns that impair your ability to continue working. Your compensation is based on future earnings.

In determining compensation due to loss of earning capacity, the following considerations could apply:

  • Age
  • State of health before burn injury
  • Life expectancy
  • Nature of occupation
  • Years remaining until retirement

Pain and Suffering

Burn injuries from a tanning bed can cause severe physical and emotional pain. Even after you have recovered, you may be left with scars that can affect your appearance and self-esteem. Often, you cannot equate pain and suffering with money. However, the court can still compensate you for the loss. In most cases, the seriousness of your physical injury helps determine the amount you can recover for pain and suffering.

Loss of Consortium

If your spouse or domestic partner suffers injuries in a tanning bed salon, you can seek compensation for lost consortium. Loss of consortium compensates you for the emotional support, sexual intimacy, or affection that you can no longer receive due to your loved one's injuries. To recover compensation for lost consortium, you must prove the type of relationship you have with the burn injury victim.

Important Tips When Suing a Tanning Salon for Your Burn Injuries

Taking the right steps when suing the tanning salon for your burn injuries can help ensure that you receive maximum compensation. The following are some of the tips you can explore when filing your claim or lawsuit:

  • Avoid accepting liability for the injury. Nevada operates on a modified comparative negligence law. This means that if you are partially liable for the injury, the damages you stand to recover could diminish. Therefore, you should not admit to contributing to the burn injury.
  • Avoid underestimating the physical or physiological impact of the burn. Severe burns come with physical and emotional pain that does not end with the initial injury. You may undergo more pain and trauma during treatment and rehabilitation. Therefore, you should have this information in mind when negotiating a settlement.
  • Avoid settling for the first offer. Before commencing a lawsuit, it may be necessary to negotiate with the insurance company that covers the tanning salon. In most cases, the insurance company will seek to settle your claims with minimum loss on their part by giving you compensation that will not cover all your losses. You can proceed with the lawsuit if you are dissatisfied with the offer.
  • File your lawsuit within the statute of limitations. In Nevada, you have up to two years to file a lawsuit against the tanning salon after a burn injury. If teh set time expired, you cannot recover compensation for your injuries or losses.

Find a Competent Personal Injury Attorney Near Me

In a tanning salon, the customer expects to enhance their appearance by gaining a good glow. Unfortunately, the UV rays emitted by tanning beds in such tanning centers can cause severe skin burns and other damage to delicate areas of the body. Tanning salons have a duty to ensure your safety during tanning sessions.

If they breach this duty, you could suffer injuries. In this case, you can file a personal injury lawsuit against them. In the lawsuit, you must establish the salon's liability. After reviewing the evidence, the court determines your compensation. The judge can award you compensation for pain and suffering, medical expenses, and lost wages.

Navigating a lawsuit while you nurse your burn injuries may be challenging. Therefore, you will need the expert legal insight we offer at Las Vegas Personal Injury Attorney Law Firm. Call us at 702-996-1224 from Las Vegas, CA, to discuss your case.