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Small Claims Courts : Suing or Defending on Your Own, Usually Without an Attorney
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Old 11-01-2009, 08:32 PM
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Small Claims Court (Ohio) and Pain/Suffering due to negligence?


Hi - within the State of Ohio, the small claims court does not allow for suing in small claims court based on an accident. I am looking for your advice if negligence would open the door for a pain/suffering claim in addition to medical bills.

In greater detail, a loved one went to a spa for a nail treatment service in Ohio. It is my understanding that a nail treatment has to be applied by a licensed manicurist in the State of Ohio. Due to negligence in how the service was applied, likely through either unclean tools, excessive force, or a combination of the two, the loved one experienced a combination of several medical bills, including nail removal, and a substantial amount of pain as a result.

Given the outcome of the service, it would seem that negligence - versus the outcome being an accident - would open up a small claim for the medical bills and a fair remuneration for pain. Small claims court limit is $3,000.

Your thoughts?
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Old 11-01-2009, 08:34 PM
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Quote:
Originally Posted by sidmanm View Post
Hi - within the State of Ohio, the small claims court does not allow for suing in small claims court based on an accident. I am looking for your advice if negligence would open the door for a pain/suffering claim in addition to medical bills.

In greater detail, a loved one went to a spa for a nail treatment service in Ohio. It is my understanding that a nail treatment has to be applied by a licensed manicurist in the State of Ohio. Due to negligence in how the service was applied, likely through either unclean tools, excessive force, or a combination of the two, the loved one experienced a combination of several medical bills, including nail removal, and a substantial amount of pain as a result.

Given the outcome of the service, it would seem that negligence - versus the outcome being an accident - would open up a small claim for the medical bills and a fair remuneration for pain. Small claims court limit is $3,000.

Your thoughts?
The loved one can sue for reimbursement of her medical bills and call it a day.
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