Health Spa Injury Claims Guide
By Stephen Hudson. Last Updated 16th April 2024. In this guide, we’ll discuss the steps you could take in order to make a health spa injury claim. The personal injury claims process can seem daunting, but we hope our guide can help shed some light on the topic.
First, our guide will cover the eligibility criteria for health spa claims. We’ll discuss the legislation in place to protect visitors to public places, like health spas, and we’ll also explore the duty of care owed to you under this legislation. Following this, we’ll discuss some health spa injuries that could be sustained in an accident if this duty is not upheld.
Then, our guide will explore the evidence that you could use to support your claim. Evidence is important when making a claim for personal injury compensation; we detail why this is, and how a solicitor could help you build your case.
Finally, our guide will touch on compensation payouts, and what you could potentially receive if your claim were to succeed. We also explore how a No Win No Fee solicitor could benefit your claim.
To learn more, read on. Or, to get started on your claim, contact our team of advisors today by:
- Calling on 0800 073 8804
- Using the live chat feature
- Contacting us online
Select a Section
- Who Could Claim For A Health Spa Injury?
- Time Limit For Health Spa Injury Claims
- Health Spa Related Injuries Caused By Therapists
- The Next Steps – How To Make A Health Spa Injury Claim
- How Much Compensation Can I Get For Health Spa Injury?
- No Win No Fee Health Spa Injury Claims
Who Could Claim For A Health Spa Injury?
In a public space, such as a health spa, you are owed a duty of care. This is a legal responsibility for your health, safety, and well-being, and it is owed to you by the party in control of the space. This is set out by the Occupiers’ Liability Act 1957. Under this legislation, the party in control of the space has a legal responsibility to take steps to ensure your reasonable safety.
The steps they need to take can vary from place to place, but some examples of the steps that the party in control of a health spa could take to keep visitors safe could include:
- Keeping walkways clear from tripping hazards and obstructions
- Clearing up spillages in an adequate timeframe, and signposting them appropriately
- Undertaking risk assessments
- Signposting emergency exits and fire routes
If there is a failure to fulfil this duty, and you are harmed as a result, then you may be able to make a personal injury claim.
To learn more about how to claim for a health spa injury, get in touch with our team of advisors today. Or, read on to learn more about the claims process.
Time Limit For Health Spa Injury Claims
In accordance with the Limitation Act 1980, there is a three-year time limit for starting a personal injury claim following a spa accident. This usually starts from the date the incident happened.
The time limit can work differently under certain circumstances. If, for instance, the injured person lacks the mental capacity to start their own claim, then the time limit will be frozen indefinitely. While this time limit is frozen, a litigation friend could start a spa injury claim on behalf of the party that has been hurt. If, however, the injured party later regains their mental capacity and a claim has not been made, then they will have three years to start a claim on their own from the day of recovery.
If someone under the age of 18 has been injured at a spa, the time limit for starting a claim will be put on hold until they reach their 18th birthday. A litigation friend could start a claim on the injured party’s behalf prior to their 18th birthday. However, if this doesn’t happen, the injured person will have three years from the date of their 18th birthday to start their own claim.
For more advice on your eligibility to claim for an injury at a spa, contact our advisors for free either online or by calling us.
Health Spa Related Injuries Caused By Therapists
There are several different injuries that a therapist could be responsible for. And any of these could result in the victim filing health spa injury claims. Here are some of the most common:
- Allergic reactions to treatments – All therapists need to carry out allergy tests before providing certain treatments. If they have failed to do this and had an allergic reaction, you can make a claim.
- Chemical burns – Chemical burns can happen when the therapist applies too much product, applies a product directly to the skin when they should, or they use the wrong type of product for treatment.
- Waxing injuries – There are several injuries caused by wax treatments. If the wax is applied when it is too hot, it could cause burns. Alternatively, some products may rip the skin if they have not been applied properly.
- Soft tissue injuries – Soft tissue injuries can arise if your therapist has applied too much pressure in the wrong places during a massage. This can easily occur if they are experienced. You shouldn’t be in pain after a massage, that’s for sure, so if you are, make sure you visit a doctor as soon as possible.
If the injuries you’ve suffered from a spa accident are not listed above, you could still potentially make a claim. All that matters is that the accident in a health spa was not your fault and was instead caused by a negligent party that owed you a duty of care.
What Evidence Do I Need To Make A Health Spa Injury Claim?
When making any kind of personal injury claim, one of the most important steps in the process is collecting evidence. Evidence can benefit a number of areas of your claim. For example, with the right proof, you can demonstrate how your injuries occurred, who was at fault, and how your injuries will affect your life going forward.
Some examples of evidence that you could use to prove your health spa injury claim include:
- CCTV footage: If the accident that caused your injuries was caught on CCTV, then you may be able to request the footage. This can then be used to help illustrate how the accident and your subsequent injuries occurred.
- Photographs: Pictures of your injuries can help demonstrate their severity of them.
- Medical records: Your medical records can offer more insight into your injuries and the treatment you need. In some cases, a solicitor could refer you to an independent medical professional for an assessment. This report could then be used to help value your injuries.
- Witness statements: Taking the contact details of potential witnesses means that their statements can be taken by a professional at a later date.
- Financial documents: Keeping any receipts or bills that are related to your injuries can help prove a claim for financial losses incurred as a result.
If you choose to work with a solicitor on your claim, then they can help you gather this evidence. They can also help identify other relevant routes in proving your claim. To find out if you could be eligible to work with one of our solicitors to claim personal injury compensation, contact our team today.
How Much Compensation Can I Get For A Health Spa Injury?
There are two kinds of compensation that you could pursue in a personal injury claim. The first is general damages, which are awarded to every successful claimant. General damages are compensation aimed towards your injuries, their severity, and how they affect your life. This includes both mental and physical injuries.
When this head of claim is calculated, solicitors and other legal professionals often refer to the Judicial College Guidelines (JCG). The JCG is a document that offers guideline compensation brackets for different kinds of injuries and illnesses. In the table below you can find some examples of these brackets, but please keep in mind that these are guidelines only.
| Reason to claim | Payout amount | Comments |
|---|---|---|
| Multiple serious injuries and special damages | Up to £200,000+ | If you have suffered multiple serious injuries at a health spa, then you may receive a payout covering all of these plus any related special damages you can claim for, such as the cost of home care provisions. |
| Very severe facial scarring | £36,340 to £118,790 | This relates to cases whereby the claimant has a severe psychological effect from the scarring and the aesthetic effect is that is is very disfiguring. |
| Less severe facial scarring | £21,920 to £59,090 | In these cases, the psychological reaction will be significant and the disfigurement will be substantial, but not as bad as the payment bracket below. |
| Significant facial scarring | £11,120 to £36,720 | In such cases, cosmetic surgery will have removed the worst scars. However, cosmetic disability will remain to a certain extent. Not only this, but the person may experience some negative psychological effects too. |
| Less significant facial scarring | £4,820 to £16,770 | This relates to instances whereby someone has suffered a small scars (a number of) or one scar that they can camouflage. The key here is that the effect of the scar is not one whereby the person’s appearance has been markedly affected. |
| Trivial facial scarring | £2,080 to £4,310 | The claimant will have only suffered minor scarring in these cases. |
| Moderate neck injuries (b) (i) | £30,500 to £46,970 | Injuries like fractures and dislocations that cause immediate and severe symptoms. |
| Moderate back injuries (b) (ii) | £15,260 to £33,880 | Disturbance of ligaments and muscles causing back ache, soft tissue injuries, and prolapsed discs. |
| Moderate shoulder injuries (c) | £9,630 to £15,580 | Frozen shoulder with limited range of movement. |
The second head of claim you can pursue is special damages. This is compensation aimed at the financial losses you experience as a result of your injuries, and can cover the cost of:
- Childcare
- Prescriptions
- Counselling
- Travel
- Housekeeping
- Home adjustments
However, it’s important to note that to claim under this head, you must be able to provide proof of your losses. Because of this, it can be beneficial to keep any relevant receipts, bills, or invoices.
To learn more about compensation for a health spa injury, or to find out if you could be eligible to claim for spa injuries, contact our advisors today.
No Win No Fee Health Spa Injury Claims
If you contact our advisors about your spa accident claim, they could review it and determine if you have a valid case. If they find you do, they may then put you in touch with one of our No Win No Fee solicitors.
Our solicitors can support spa injury cases under a Conditional Fee Agreement (CFA). When claiming under such an agreement, you won’t have to pay your solicitor for their work before the claim has begun or while it is underway. You also normally don’t need to pay for your solicitor’s services if the claim fails.
If your claim is successful, then your solicitor will take a small and legally capped percentage of the compensation awarded to you. This is known as a success fee, and the cap ensures that you always get most of the compensation awarded.
Get in touch with our advisors for free today to learn more about working with a No Win No Fee solicitor. Our team can also answer any other questions you may have about the claiming process. To reach our team, you can:
- Call on 0800 073 8804
- Use the live chat feature.
- Contact us online.
Helpful links
- Learn about the gym accident claims process and find out if you could be eligible for compensation with our guide
- Our guide on beauty treatment injury claims offers more information on claiming for an injury caused by a beauty treatment
- Read our case study guide involving a £5,000 payout for a bleach burn caused by a hairdresser to learn more about claims against beauticians
If you still have any questions about health spa injury claims, get in touch.
