After a massage at a hotel spa I was found to have a tear in my shoulder tendon and now I want to know about spa treatment compensation. I told the masseuse to ease the pressure but he told me it was part of the treatment. Do I have a viable claim?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
It is quite possible that you can make a claim for spa treatment compensation, especially since you mentioned to the masseuse that the force he was using was excessive. However, determining negligence in claims such as these can sometimes be difficult and the amount of compensation you are entitled to may be affected by some issues.
An issue that would affect other people in the same situation would be the failure to mention the fact that they were in pain, perhaps misunderstanding the sensation as part of the procedure. You were right to inform the masseuse that you were uncomfortable. Failure to mention that fact would have a negative impact on how much compensation you would be eligible to receive.
Another issue that may affect your claim for spa treatment compensation relates to the length of time it took for you to seek professional medical treatment. If you waited a few days before seeing a medical practitioner, the spa could claim that an injury such as a torn shoulder tendon should be apparent almost immediately after it occurs and then consequently accuse you of contributing to your injury through your own lack of care. They could even claim that the injury was the result of a separate incident and deny liability.
It is highly recommended, therefore, that you contact a solicitor as soon as practically possible to discuss the individual circumstances of your case in order to determine the viability of your spa treatment compensation claim. Most solicitors offer a free initial consultation where they can assess your potential claim and answer any questions you may have.
After negligence is determined, your solicitor can advise you on the best way to proceed with your your spa treatment compensation claim. It is worth noting that no two spa treatment claims for compensation are exactly alike and all awards given are based on each claim’s individual merits.