Please help, i get sued by a customer

[than_tan2003]

What is the name of your state (only U.S. law)? Illinois

I am a manager in a small nail salon in IL, recently i got a letter from an attorney regarding a lawsuit file against my business (I don't have insurance for my business).

The client come to this nail salon to get a pedicure from 1 of mine nail tech, she paid and left (there is no complain or anything). She came back 2 days later and said her heels hurts and she will go she the doctor and file a lawsuit against us. Which she does, i'm having a report from her foot doctor and they said he 2 heels skin damaged.

As in the report, she claims that we use the grating tools to buff her feet tills it bleed. The tech who did her pedicure said she was doing like she was doing to other customer, and there is no bleeding or anything during the procedure. (and i do believe her since if the customer get bleed during a pedicure, that a big big problem i should be notify right away or usually a customer will yell out and complain right away, but in this case, nothing going on, on that date).

I get a letter from the court summon me, and they claims to sue me $10K. I know i have to report to court. My question is that:

1. Is there any advice or someone have this kind of problem before.

2. This is a new business, and i don't have that much of money and i know hire an attorney is expensive, is there a free attorney from the court house.

3. What is the chance that i can win this sue.

Please help me,
ryan

 

[asiny]

1. Is there any advice or someone have this kind of problem before.

Get an attorney.

2. This is a new business, and i don't have that much of money and i know hire an attorney is expensive, is there a free attorney from the court house.

No.

3. What is the chance that i can win this sue.

Ask your attorney.

 

[tranquility]

You don't really have a legal question so much as a factual one, what happened?

They will say one thing and you will say the other. Whoever has the best evidence will win. The court will not give you a free attorney for the civil lawsuit. You will need to get your own or defend yourself. Since I suspect English is not your first language, you might have trouble doing so.

Looks like the money you saved on insurance wasn't much of a saving at all.

 

[swalsh411]

I would bring the tech who performed the service to testify that nothing was out of the ordinary, the customer did not complain about anything at the time, and there was absolutely no bleeding.

The court may be able to provide an interpreter for you or your employee. This is something you need to ask for in advance.

 

[ecmst12]

Even if you win, legal fees will likely bankrupt you. Liability insurance is the MOST important thing your business needs to have.

 

[swalsh411]

I wouldn't so gloomy. I can almost gauruntee you that she is being sued for 10k because that is the limit for small claims in IL. It stands to reason that if she thought she could get more she would. It also stands to reason that she spoke to different attorneys, none of whom would take her case on contingency, so she is going pro se in smalls claims court. You do not need an attorney to defend yourself in smalls claims court. All of these things bolster the chances the OP will prevail.

 

[Beanie711]

I know this is a couple weeks old, but I just have to ask--- doesn't the fact that this lady waited TWO days to come back and say her heels hurt lessen her chances of winning her lawsuit? Anything could have happened in those two days.

Don't get me wrong, she should absolutely get a lawyer, but every other time someone comes on here and says something to the effect of what the plaintiff here is claiming, members always say "why did you wait 2 days to seek treatment? You're odds are slim to none."