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LAMBERT AVOCATS

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  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français

Burns caused by aesthetic care

You visit a beautician for laser treatment. After a session, you notice burns on your skin in the place targeted by the aesthetic treatments.

Are you entitled to compensation? What happens when there is a disclaimer in the contract you signed?

Mr. Lambert explains the law in this regard using examples from real cases tried by the courts.

You are here: Home / Civil liability / Burns caused by aesthetic care

You visit a beautician for laser treatment. After a session, you notice burns on your skin in the place targeted by the aesthetic treatments.

Are you entitled to compensation? What happens when there is a disclaimer in the contract you signed?

Mr. Lambert explains the law in this regard using examples from real cases tried by the courts.

Civil liability

If you are a regular reader of our legal capsules, you surely know the three elements that must be established to be entitled to a civil liability claim: fault, damage and causation. You can refresh your memory by clicking here.

The membership contract

laser-burn

When you receive cosmetic care, you must sign a membership contract, that is, a contract whose clauses are imposed on you and which cannot be negotiated.

This does not mean that you can include anything in the contract. Indeed, the following are prohibited:

  • clauses that refer to a document to which you do not have access;
  • clauses that are incomprehensible (to a reasonable person);
  • illegible characters;
  • and unfair terms (according to the discretion of the judge).

What is very important in terms of care is obtaining the free and informed consent of the party undergoing treatment.

Free and informed consent

For consent to be free, the person receiving the care must decide to do so without pressure or threats from third parties (doctor, friends, family, etc.).

For consent to be informed, information on all side effects associated with treatment must be provided. Indeed, we will see in the following example that it is not enough for the treatment to be applied correctly for the court to determine that there was no fault.

Ms. Raymond goes to Ms. Carpentier’s company to undergo laser treatment to remove a tattoo. Ms. Raymond experienced severe pain and burning during and after the treatment, which burned her skin to the point of producing water bells. Ms. Carpentier explained to the court that she applied the treatment in accordance with the procedure and that burns were a normal consequence of this type of care.

The Court ruled in favour of Ms. Raymond, since Ms. Carpentier should have explained to her client what the risks associated with laser treatment were and she did not. Here, the fault is established not because of improper application of the treatment, but because Ms. Carpentier did not obtain Ms. Raymond’s informed consent.

Limitations on Liability

Acceptance of risk

Most likely, you will have to sign a release, which often consists of a document with the word “consent” in the title. However, this release will not always limit the liability of the person providing care.

In a case analyzed by the Court of Quebec, Ms. Fortin – who suffered first and second degree burns – signed a document detailing the risks associated with laser hair removal. However, the document did not refer to burns as severe as those suffered by the applicant.

Moreover, the Court held that Ms. Fortin’s acceptance of the risks did not necessarily prevent her from bringing an action against the defendant. Indeed, deficient information can engage contractual liability.

Being the author of one’s own misfortune

If you have not followed the instructions and recommendations given to you by the person treating you, you may be held liable – in part or in whole – for the harm suffered.

This is the case, for example, of a person who, after being advised to avoid the sun in the weeks following the treatment, will sunbathe without sunscreen.

Obtaining compensation

Before doing anything, it is highly recommended that you try to settle the issue amicably before initiating legal proceedings. Thus, you will save time and money, and avoid trouble. However, if a simple conversation or exchange of messages is not enough, you can also try to send a formal notice by registered mail or bailiff.

If this does not work, you can choose to have your case heard by the small claims of the Court of Québec since the amount claimed will probably be less than $15,000 (the maximum accepted by this division of the Court).

In order to maximize your chances of success, it is important to keep any evidence demonstrating the harm you have suffered:

  • photos;
  • drug bills;
  • medical documents and reports;
  • contract of the treatment received;
  • Etc.

As you can see from the examples cited in this article, each case is different. The facts and circumstances of yours can have a great impact on the Court’s decision.

Did you like this article and want to read others like him? Follow our Facebook page so you don’t miss our weekly capsules on various legal topics!

Related posts:

  1. Accident caused by a carport
  2. Injuries caused by the ruin of a building
  3. Lawsuit for damage caused by defective property
  4. Liability for harm caused by the fault of a minor
Previous Post: « Recourse for non-consensual publication of photos of a sexual nature
Next Post: Request for Access to Insurance Information »

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