In a recent legal claim for wrongful death, a widow is suing a nail salon after the untimely death of her husband. Specifically, she is asserting that a pedicure he received in late 2014 ultimately led–at least in part–to his unexpected passing. She seeks at least $50,000 in damages related to the wrongful death. While many people may initially balk at the idea of a deadly pedicure, the specific allegations in the complaint may lead you to believe that she stands a chance at prevailing in her case.
Was the nail salon negligent?
Illinois wrongful death law allows certain surviving family members to obtain compensation if a death occurs due to the negligent or intentional acts of another party. While this type of case most often results from auto accidents, medical malpractice, workplace accidents, or similar “traditional” personal injury scenarios, wrongful death cases often have unique sets of circumstances.
In order to prove negligence, the surviving family member must prove the following regarding the adverse party:
- They owed the deceased a duty of care;
- They breached that duty of care;
- The breach contributed to or caused the death; and
- The family member suffered losses as a result.
In the above case, the widow alleges the nail salon committed several different negligent acts, including the following:
- The salon employee soaked her husband’s feet in a contaminated chemical solution and/or unsafe wax;
- The salon employee left the man’s feet in the solution and wax for an excessive amount of time; and
- The salon did not properly ask about any medical conditions prior to performing the pedicure.
Because her husband was diabetic, he had lessened feeling in his feet and therefore did not realize that his feet were being burned by the hot wax. Additionally, the burns became severely infected, leading to the amputation of his left leg and, eventually, to his death.
The circumstances of this case may be relatively uncommon and whether the nail salon will be found liable remains to be seen; that being said, the claim goes to show that negligent acts may lead to wrongful death in many different ways. No matter how unique you may believe the details of your case may be, it is always wise to consult with an attorney who understands Illinois wrongful death law and can evaluate whether or not you have a valid claim. Case evaluations are free, so you have nothing to lose if you schedule a consultation with our office today.
Contact a Rockford wrongful death attorney for a free consultation today
At the law firm of Fisk & Monteleone LTD., our Freeport wrongful death lawyers understand how difficult it can be to suddenly lose a loved one in an accident. We are committed to protecting the rights of surviving family members and helping them receive the highest amount of compensation possible. Our attorneys strive to provide the highest quality of representation to make the legal process go as smoothly as possible while you grieve your loss. Please feel free to call for a free consultation today.