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Claire speirs

Wee claire
Joined
Jul 21, 2017
Messages
6
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Location
Glasgow
Hi I need advice

A client came to me for a facial and rubbed her eye. I offered her assistance etc she said her eye was fine made an appointment for another facial and left and drove home. Four days later complained to us she had gotten product in her eye. After some back and forward she admitted she refused any assistance etc.
I have since had a letter advising me that she is suing me.
My insurance for various reasons isn't covering me and isn't an option.
I have no idea what to do
 
Omg really! How awful. What exactly did she get in her eye and what did it do to her eye? I really feel for you. X
 
Omg really! How awful. What exactly did she get in her eye and what did it do to her eye? I really feel for you. X
She got skin truth collagen gel in her eye if anything. She was talking during the facial about suing people. They won't show me any proof either xx
 
A letter from who though? Suing!? It's a bluff she would be laughed out of court IF it ever got that far!! It would cost her ££££ in court costs & not be worth it!!! She sounds like she's trying to frighten you! I would say Ignore her & don't respond!
 
A letter from who though? Suing!? It's a bluff she would be laughed out of court IF it ever got that far!! It would cost her ££££ in court costs & not be worth it!!! She sounds like she's trying to frighten you! I would say Ignore her & don't respond!
It's from digby brown solicitors. No win no fee malarky xx
 
I don't have any experience in this however if your insurer won't cover you I'd seek legal advice
 
Why won't your insurer cover you? Do you have the messages where she says she refused assistance? Record EVERYTHING you remember from the moment she walked in and be sure to keep any consultation forms etc then seek some legal advice. Sounds like she's trying to frighten you though! What's she suing for? Getting a bit of eye cream in her eye!?
 
I also don't understand what she's suing for?

If it was something that you were using in a normal facial (i.e. not a chemical peel), surely that wouldn't be anything that would potentially cause damage to the eye itself so she wouldn't be able to sue for lasting damage. I can't even understand how it would be a short-lived thing that would potentially affect going to work for a day or two.

If the solicitor has wasted time writing a letter based on these ridiculous accusations, then more fool them. They're most likely chancers who are hoping that you'll pay to make it go away.

I'd agree with other posters - keep everything documented and only communicate with her via recordable means (such as emails or letters rather than telephone conversations). Personally I wouldn't even waste money on legal advice, but that's just me.
 
It says that I acted without due care and she had to go to hospital. Literally all it says xx
 
I would really try not to panick about it, sounds ridiculous! Hopefully it will all blow over. X
 
Firstly WHY did she scratch her eye ? Was it already a pre existing condition and her scratching while you doing facial won't cause it to go or get permanently damaged. It is very difficult to actually sue anyone successfully unless she has been to a doctor to sign off that injur was due to you. They have to PROVIDE proof of your actions caused this problem.
 
It says that I acted without due care and she had to go to hospital. Literally all it says xx
It's her word against yours .
How can you be sure she didn't go home and apply some eye drops which could have caused an ulcer to the eye .
You can't and neither can the lawyer so don't worry dude . She just a pain in the arse
 
I have a vague legal background from some years back but I think the key things here are

She rubbed her OWN eye
She REFUSED assistance (and has admitted it)
She was fine on leaving and didn't complain for FOUR DAYS!

I don't think she has a leg to stand on tbh but I'd get yourself to your local Citizens Advice Bureau who I believe can arrange for you to have a 30 min free session with a local solicitor (check it's not Digby Brown tho as it would be a conflict of interests) and take advice from there as a starting point. You'd be under no obligation to use the solicitor you see.

Hope this helps a bit x
 
The fact that she was talking about suing people generally during the service, sounds like she might be a serial compo claimer.

In many cases, insurance companies offer the client a few hundred quid settlement figure regardless of blame because that figure will still be much lower than the costs billed to the insurers by a legal firm for defending the case, who will be billing several hundred pounds an hour.

Wait until a county court summons is issued requiring you to draft a response. Judges hate serial claimers like this (and the lawyers that support them!) so definitely mention the conversation and that she deliberately wiped product into her eye and refused offers to wash it, as part of your defence.

You mention that she has admitted that she wiped her own eye and refused offers of help. Is this in writing via Facebook/text/email? Keep copies. Also, make sure your client notes mention that she wiped her own eye and refused your offers of help and you included it in your notes as it seemed a strange thing to do.

You need to sort out your insurance cover as a priority for the future. Just in case you do accidentally do something that causes harm to a client.
 
Hi there! If it helps at all, I used to work for a No Win No Fee Personal Injury Solicitor as a Claims Assessor and I can reassure you of the following:

They will request her medical records to check what happened at her hospital visit, e.g. They washed it out with saline and checked with equipment that no damage had been done. This will all be noted.

I would imagine she had mild irritation and was advised that no lasting or serious damage had occurred. I expect they bathed her eye and sent her home with saline drops, if anything.

The Solicitor will do this to assess the severity of injury and prognosis. Also things like loss of earnings, cost of any treatment/medication.

Once her solicitor sees this, he will (if he's any good) assess that her claim is worth practically zilch.

If he sought the advice of a barrister, I suspect he'd be advised that there was a less than 50% chance of her winning any case against you, at which point, the solicitor will kick her to the kerb immediately.

Without a greater than 50% chance of success, her solicitor cannot get insurance to cover the eventuality of losing the claim (at which point his insurance policy would pay for all costs she would incur as the losing party).

Further, if injury and prognosis amount to little more than an irritated eyeball, it would not be worth his while pursuing the claim on her behalf.

Having said all of this, just make sure that you have everything available and up to date, should it be asked for; including your accident book entry, any notes of texts/phonecalls, client's record card.

I'm positive all will be fine, although I'm sure this is a stressful situation. Ride it out and if I can answer any questions, please drop me a message xx
 

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