Laser Hair Removal Burn Lawsuits and Settlements in New York

In 2024, it is more common than ever before to seek beauty treatments at spas. Botox injections, skin resurfacing treatments, and laser hair removal treatments are common options at so-called medical spas (or medi spas). Yet while these treatments are popular, they aren’t always as safe as they may seem.

Laser hair removal involves the use of a special light (laser) to damage the hair follicles, which inhibits hair growth. While it is generally considered safe, it can cause burns and scarring, particularly when the procedure isn’t performed by a licensed medical professional. Suppose you have suffered burns from a laser hair removal procedure. In that case, you may be able to file a personal injury lawsuit against the provider, the spa, and any others responsible for your injuries.

Based in White Plains, the Law Offices of Thomas L. Gallivan represent injury victims throughout New York state – including those who have suffered burn injuries. We handle all cases on a contingency fee basis, which means that you won’t be charged a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a New York personal injury lawyer, give our law firm a call today.

Filing a Claim for Laser Hair Removal Burns

If you were burned by a laser during a hair removal treatment, then you may be able to file a lawsuit against the spa and/or the person who used the laser on you. Typically, these cases are based on a theory of negligence or carelessness.

A person is negligent if they fail to use the level of care that a reasonable person would use in a similar situation. A laser hair removal technician may be negligent in any number of ways, such as:

• Setting the machine at the wrong frequency;
• Failing to perform a patch test or ask about allergies or other sensitivities;
• Scheduling laser hair removal sessions too frequently;
• Directing the laser at an area of the skin for too long; and/or
• Faulty equipment.

Typically, you can file a lawsuit against the person who operated the laser as well as their employer. In New York, employers can be held responsible for the actions of their employees when they are acting within the scope of their employment. A lawsuit is often the best way to recover the financial compensation necessary to move forward with your life.

The process usually starts with a free initial consultation with a burn injury lawyer. During this session, you will have an opportunity to tell your story. Your attorney will then offer you legal advice and options for pursuing a personal injury claim.

If you decide to move forward, then your lawyer will get to work to build a strong case. This may include seeking treatment records from the spa, investigating the ownership structure of the business, talking to witnesses, and reviewing your medical records related to your burn injuries. They will then start the negotiation process with the at-fault party – and start drafting a lawsuit.

Many personal injury cases are resolved outside of the courtroom. However, it may still be necessary to file a lawsuit to preserve your legal rights. New York state has a strict 3-year statute of limitations for personal injury claims. If you don’t file a lawsuit within 3 years, your case will likely be dismissed. 

A skilled New York burn injury attorney will negotiate with the responsible party and their insurance company, working hard to get you maximum compensation for your losses. They will also prepare the case for trial so that if necessary, they will be ready to go to trial and ask a jury to find in your favor. Throughout the process, they will keep you updated and let you know what to expect.

Compensation in a Laser Burn Lawsuit

In any personal injury lawsuit, you may be entitled to 3 types of damages: economic, noneconomic, and punitive damages. Economic and noneconomic damages compensate injury victims for their losses. Punitive damages are meant to penalize a person who engages in intentional or reckless conduct.

Economic damages cover direct financial losses. They may include lost wages, reduced earning capacity, medical bills, and future medical treatment. Noneconomic damages pay for intangible losses, such as pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life. 

In burn injury cases, a person can recover financial compensation for burns and/or scarring anywhere on the body. However, the location of the scarring does impact the total value of a case. For example, if you have scarring from a laser burn on your face, your case will likely be worth more than if the scarring was in a place that isn’t as obvious – such as your armpits or bikini line. Similarly, a younger person and/or woman will likely recover more compensation for scarring than an older person and/or a man.

Punitive damages are only awarded in more unusual cases where a person acted intentionally or recklessly. For example, if a spa owner decided to let a brand new employee perform laser hair removal – without even a minimal amount of training on how to use the machine or how long to laser a particular area – then they may be liable for punitive damages. Your New York burn injury lawyer can advise you as to whether punitive damages may be available in your case.

Costs to Hire a Laser Burn Injury Lawyer 

Personal injury cases are typically handled on a contingency fee basis. This means that you pay nothing up-front and only pay a fee if your lawyer recovers money for you through a verdict at trial or a settlement. The attorney’s fee will be a percentage of your total recovery.

Contingency fee agreements are a way to ensure that everyone can get high-quality legal representation – even if they don’t have the extra cash to pay an hourly fee. If you have suffered a laser burn injury in New York, call the Law Offices of Thomas L. Gallivan to talk to a White Plains personal injury attorney.

Can You Sue for Laser Burns Even If You Signed a Waiver?

Many businesses require a person to sign a waiver as a condition of receiving services. If you signed a waiver at a spa and suffered laser burns, you may still be able to file a lawsuit for your injuries. Waivers do not cover gross negligence, recklessness, or intentional conduct. The agreement itself may also be invalid for several reasons.

In this situation, your best course of action is to schedule a free consultation with a White Plains burn injury lawyer. They will review the waiver and other documentation, and help you decide how to move forward. Contact the Law Offices of Thomas L. Gallivan today to talk to a New York personal injury lawyer.

The Dangers of Laser Hair Removal 

Laser hair removal is a procedure that is done to remove unwanted hair. Laser hair removal can be performed on almost any part of the body, other than skin with tattoos and delicate skin around the eyes. It is most often performed on the armpits, bikini line, upper lip, legs, and chin.

The process involves using a concentrated beam of light – commonly referred to as a laser – to remove unwanted hair. The light is absorbed by the melanin in the hair and is then converted to heat. This heat damages the hair follicles in the skin that produce hair. When the hair follicles are damaged, future hair growth is slowed or delayed.

Laser hair removal does not usually result in permanent hair removal. For most people, multiple sessions are required for initial hair removal and then maintenance sessions are needed going forward. The process is most effective for people who have light skin and dark hair. 

The risks of laser hair removal depend on several factors, including skin type and hair color, the treatment plan, and the skill of the person operating the laser. Common side effects of laser hair removal may include:

• Skin irritation, including redness, swelling, and pain. This is usually temporary and disappears within a day.
• Darkening or lightening of the skin (pigment changes), particularly for people with darker skin and/or those who don’t avoid sun exposure before or after a laser hair removal treatment.
• Laser burns can cause blistering, scarring, and other changes in skin texture. Most laser hair burns are first-degree burns, although it is possible to have a second or third-degree burn and permanent damage from a laser hair removal procedure.
• Excessive hair growth around treated areas.
• Graying of treated hair.

When there isn’t a contrast between hair and skin color, the risk of skin damage is even higher.

Laser hair removal is a medical procedure, although it isn’t always performed by medical professionals. In some states, physician supervision and/or licensure is required. In New York, there are no requirements for training, licensure, or supervision – which means that anyone can perform it. A bill to regulate laser hair removal is pending in the New York Legislature but has not yet become law.

Although almost any business can offer laser hair removal, it may also be provided at dermatology practices. If a doctor, physician assistant, nurse, or other medical professional causes laser burns during a hair removal procedure, it may be the basis for a medical malpractice lawsuit.

While laser hair removal is relatively safe – and burns from laser hair removal are relatively rare – there is still a risk. This is particularly true when the laser is being operated by someone who has received no training and doesn’t have any medical expertise. In this situation, you may be able to file a claim for compensation with the help of a New York personal injury attorney.

How Our Law Firm Can Help

Laser hair removal can be a great way to deal with unwanted hair. Unfortunately, due to a lack of regulation in New York, it can also be dangerous. Laser hair removal can cause burns, skin damage, and permanent scarring. If you have suffered burns as a result of laser hair removal, our law firm is here for you.

The Law Offices of Thomas L. Gallivan advocate for burn victims throughout New York. We have years of experience representing clients in burn injury and medical malpractice cases To learn more or to schedule a free initial consultation with a New York burn injury lawyer, give us a call at 866-932-3661 or fill out our online contact form.

Related: How Long Does It Take to Negotiate an Accident Settlement in NY?