In California, tanning salons promote tanning beds as a safe and easy way to achieve a sun-kissed glow. Many people trust salons to follow proper safety rules and protect their customers. Unfortunately, tanning bed burns are a common injury. Some tanning bed burns can result in serious complications. The complications include blistering, scarring, infection, and long-term skin damage.
When a burn occurs, victims are often left with medical bills, missed work, and lasting discomfort. Many people are unsure of their rights or whether the salon can be held responsible. In California, tanning salons have a legal duty to operate their equipment safely. Also, they must warn customers about the known risks of using tanning beds. When they fail to perform their duty, you can sue them for your injuries.
If you suffered a tanning bed burn, you should not have to handle the situation alone. A skilled personal injury lawyer can guide you through your case and protect your rights.
An Overview of Tanning Bed Burn Injuries
Tanning beds expose the skin to intense ultraviolet (UV) radiation. Exposure can damage skin cells within a short time. Many people assume tanning beds are safer than the sun. However, this is not always the case. The UV output can be intense and concentrated. As a result, tanning beds can cause the following burn injuries:
First-Degree Burns
First-degree burns are the most common tanning bed injury. They affect only the outer layer of the skin. The skin may turn red and feel warm or hot after the injury. Also, mild swelling may appear within a few hours. Pain and tenderness are other symptoms you could experience after a first-degree tanning bed burn. These burns often heal after a few days. However, repeated first-degree burns increase the risk of long-term skin damage.
Second-Degree Burns
Second-degree burns are more serious types of burns. These burns occur after longer tanning sessions. The symptoms you may experience after a second-degree burn include:
- Intense redness
- Swelling
- Blister formation
- Wet or shiny skin
After a second-degree burn from a tanning bed, you may experience significant pain. The pain can last for several days. Second-degree burns take longer to heal and may require medical treatment. If the burn fails to heal correctly, you may suffer scarring.
Blistering Burns
Blistering burns can develop even without deep tissue damage. UV radiation from the tanning beds can weaken skin cells and cause fluid to collect under the skin. Blisters may be small or large, depending on the extent of exposure. When blisters break, the risk of infection increases. Open blisters need careful treatment to avoid complications. Repeated blistering from tanning beds can permanently damage skin texture.
Severe Sunburn-Like Injuries
Tanning bed burns often mimic extreme sunburn. The skin can become bright red and extremely sensitive to touch. In some cases, you may experience fever, chills, or nausea after a tanning bed burn. These symptoms suggest a more severe burn response. Recovery from these injuries can take a while, and the skin may peel.
Burns to Sensitive Areas
Certain body areas burn faster than others. These include:
- The face
- Chest
- Shoulders
- Genital area
The skin in these regions is thinner and more vulnerable to UV damage. Burns in sensitive areas tend to be more painful and slower to heal. If you do not have protective eyewear, you can suffer severe eye burns. These injuries can cause swelling and lasting skin irritation.
Chemical-Related Burn Reactions
Some people use tanning lotions or oils before tanning. When combined with UV radiation, these products can trigger chemical-like burn reactions. The skin may burn faster or unevenly. Symptoms of chemical burns include:
- Patchy redness
- Irritation
- Painful rashes
Reasons Why You Can Sue a Tanning Salon for Your Burn Injuries
There are several situations where tanning salons may be legally responsible for your burns. These cases often involve preventable mistakes or unsafe practices. They include:
Improper Exposure Time
A common cause of tanning bed burns is excessive exposure time. The tanning salon should set sessions depending on the client's skin type. Fair skin burns faster than darker skin. Salons should assess skin type and set safe exposure limits. If a salon allows a customer to tan for too long and a burn occurs, they can be held liable. Liability in this case is more likely with new clients. New clients are at higher risk for burns.
Failure to Warn of Risks
Tanning salons must warn customers about the risks of UV exposure. This includes the risk of burns and long-term skin damage. The salon must provide clear, visible warnings that are easy for all clients to understand. Staff should also explain the risks verbally when appropriate. Handing a waiver is not always enough. If a salon fails to provide clear warnings, that failure can support your lawsuit.
Faulty or Poorly Maintained Equipment
Tanning beds must be maintained appropriately. This means that the salon must replace the bulbs regularly and ensure that the cooling systems function correctly. When a tanning session ends, the timers should shut down automatically. If a tanning bed malfunctions and causes excessive exposure, the salon may be responsible for the burn injuries resulting from the incident.
Lack of Proper Supervision or Training
Salon employees should receive proper training to operate tanning equipment safely. Also, they should know how to set exposure times and recognize high-risk clients. If untrained staff members make mistakes and you suffer a burn injury as a result, you can sue the salon. This may include situations where employees fail to monitor sessions or respond to complaints.
Allowing Tanning Despite Medical Risks
Some people should not use tanning beds. This includes individuals with certain medical conditions. Individuals taking photosensitizing medications cannot use tanning beds safely. If a salon ignores known medical risks, you can sue it for your injuries and receive compensation.
Suing a Salon After a Tanning Bed Burn Injury
Most people go to tanning salons expecting to glow. Unfortunately, you can suffer severe burn injuries from the process. Tanning salons have a responsibility to ensure their clients are protected from harmful UV light. Failure to perform that duty can result in injuries to their clients. If you are in this predicament, you can file a lawsuit against the salon. The lawsuit allows you to seek compensation for your injuries and losses. The steps you can take after an accident include:
Seek Medical Attention
The priority after a tanning bed burn is your health. Burns can worsen quickly and may lead to:
- Blisters
- Peeling
- Infection
- Permanent scarring
When you seek medical attention, a doctor can assess the severity of your injury and provide appropriate treatment. Prompt medical attention also reduces the risk of complications. For every treatment you receive, you should ensure that the doctor documents it. Medical records are crucial pieces of evidence in a personal injury lawsuit. If you require ongoing treatment, these records will support claims for future medical expenses.
Document the Incident
If you plan to sue the tanning salon for your burn, you should keep records of the incident. You can take clear photos of your burns from different angles over several days. You can also write down the details of your tanning session. This includes:
- The date
- Time
- Duration of the session
- The type of tanning bed
You should also document any safety equipment provided by the salon, such as protective eyewear or skin sensors. If you sought medical attention, you can keep a record of the treatments you received. Thorough documentation creates a clear record of your injury. Also, it helps show the salon’s role in causing it.
Report the Incident to the Salon
After documenting the incident, you can report it to the salon. When making the report, you should remain factual and professional. Your goal in this case is to establish that the salon was aware of your injury.
Consult a Personal Injury Attorney
Pursuing compensation for a burn injury can be an uphill task. While you are busy recovering from the injury, you will need a skilled personal injury lawyer to guide you through your case. Your attorney can protect your legal rights and ensure that you follow the correct procedure for filing the lawsuit. Also, the lawyer can review the evidence and explain your options.
Most attorneys work on a contingency basis. This means that you can pay for a lawyer from the proceeds of your lawsuit. Your attorney will handle all communication with the salon and insurance companies. In this case, you can avoid mistakes that could harm your claim.
Negotiate for a Settlement Out of Court
Many tanning bed burn cases in California are resolved without going to trial. Your attorney can negotiate with the salon or its insurance company for a fair settlement. When negotiating for a settlement out of court, you should not accept the first offer that the salon presents. Instead, you should look into all your damages. Calculating the losses can help you determine whether the settlement covers all the costs.
The salon's insurance provider may contact you to discuss your case. During your interaction with them. You should not accept any fault for the injury. This is because partial liability can reduce the amount you could recover from teh lawsuit.
File a Lawsuit
If you fail to reach an out-of-court agreement, you can file a lawsuit against the salon. Filing begins the formal legal process to recover compensation. In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. Therefore, you must submit the claim within this period to ensure you recover compensation.
A judge will preside over the hearing of your lawsuit in civil court. After reviewing the evidence presented by both parties, the judge can determine the amount of compensation you deserve. To win a lawsuit, you must show that the salon was legally responsible for your burn. In California, liability for an injury is based on negligence. The elements of negligence include:
- Duty of care. The duty of care is the responsibility that each person or establishment has to ensure that they do not cause harm to others. The salon had a legal duty to operate tanning beds safely.
- Breach of duty. Owing you a duty of care is not enough to hold the salon liable for your injuries. You must prove that the duty was breached. The salon breaches the duty of care by acting, or failing to act, in a way that exposes you to injury.
- You must prove that the salon's actions resulted in your burns.
- The last element of negligence that you must establish is that you suffered actual harm. Damages in this case include physical injuries and financial losses.
Compensation Benefits in a Tanning Bed Burn Injury Lawsuit
Burns from tanning beds can result in serious physical and emotional injury. These injuries usually require medical attention and time away from work. Some suffer for decades with scarring or long-term skin damage. If your lawsuit against the tanning salon is successful, you can recover compensation for:
Medical Bills
Medical bills are often the most significant part of a tanning bed burn injury claim. Burns may require immediate treatment, even if they appear mild at first. After an injury, you may need doctor visits, prescription medications, and follow-up care. For more serious burns, you may require hospitalization or treatment by a specialist.
The costs associated with the burn treatment can include wound care, bandages, and topical creams. When claiming compensation for medical bills, you will need evidence of the treatment. In this case, you can present your treatment records and doctor notes from the initial and ongoing assessments.
Costs of Future Medical Treatment
Some tanning bed burns cause lasting skin damage. These injuries may require ongoing or future treatment. Future treatments that you may need in this case include:
- Scar revision
- Laser therapy
- Long-term dermatology care
Severe burns may increase the risk of skin infections or other complications. A tanning bed burn lawsuit can include compensation for these anticipated costs.
Lost Wages
Burn injuries can make it difficult or impossible to work for a period of time. After a tanning bed burn injury, you may miss work for weeks or even months. Lost wages compensation covers the income you would have earned if you had not been injured. Compensation for lost wages can include:
- Hourly wages
- Monthly salary
- Missed bonuses or commissions
- Overtime pay
When proving lost wages, you may need a letter from your employer. The lost wages letter will indicate the following details:
- The type of work you do
- The amount you earn per hour
- The number of hours you work
- The amount you lost during the missed workdays
If you do not have stable employment or you are self-employed, you can use pay stubs and income tax returns to prove the lost wages. The goal of compensation for lost wages is to restore you to your financial position before the injury.
Reduced Earning Capacity
In more serious cases, tanning bed burns may deter you from working long-term. Scarring or nerve damage can restrict movement or cause chronic pain. Visible burns can also affect appearance or public relations roles. Reduced earning capacity entails losing your ability to work and earn money in the future. When awarding compensation for lost earnings capacity, the judge can consider:
- Your age
- Life expectancy
- Your health status before the burn injury
- The number of years you have left before retirement
- The nature of your work
Pain and Suffering
Burns from a tanning bed can cause severe physical and emotional pain. Victims can develop itching, swelling, and lengthy recuperation periods. Sometimes, you may suffer emotional distress, including:
- Anxiety
- Embarrassment
- Loss of confidence due to scarring or skin changes
You can recover compensation for pain if the burns caused emotional or mental distress. You cannot put a dollar value on pain and suffering. However, the severity of the injury and its impact on your daily life can affect the amount of compensation that you recover.
Loss of Consortium
Loss of consortium damages occur when the burn injury affects a victim’s close relationships. Chronic burns can impact relationships, interpersonal communication, and emotional support. Therefore, if you suffer a burn injury from a tanning bed, your spouse or domestic partner can sue the salon for loss of consortium.
Loss of consortium compensation acknowledges the impact that the injury has on the relationship. These are less common claims but can be significant in cases of severe or permanent injuries.
Find a Seasoned Personal Injury Attorney Near Me
Tanning beds are supposed to improve your appearance and give you a glow. Unfortunately, you can suffer a burn from the UV light used for tanning. In addition to causing severe physical and emotional pain, tanning bed burn injuries can result in costly medical bills, lost wages, emotional trauma, and permanent skin damage.
In California, tanning salons must protect customers from unnecessary harm. You can sue the salon if you suffer a burn injury at their premises. You could base your lawsuit on improper exposure time, failure to warn you of potential risks, or faulty equipment. After a tanning bed burn injury, you should seek medical care, document the incident, and preserve evidence. These steps can help you build a case against the salon.
Navigating a burn injury lawsuit can be complex. Therefore, you will need expert legal insight. At San Diego Personal Injury Law Firm, we will help you build a strong lawsuit and recover maximum compensation for your injuries. Contact us today at 619-478-4059 to discuss your case.
