I recently got my ears pierced, can I sue?

I recently got my ears pierced at the mall and ended up with an infection and had to have three minor surgeries as a result.  I also missed a week of work.  I signed a waiver of liability when getting my ears pierced, do I still have the right to sue for medical expenses and lost wages?

 

Answer:

 

Good question.  A release certainly could be effective in some situations (paint ball, hang gliding or parachuting come to mind), however, this is somewhat along the lines of a medical procedure, and an "exculpatory clause" certainly would not be effective in those situations if there was negligence.  You must still prove that the professional did something that a reasonably competent professional in the field would not do, or didn't do something which a professional in the field would have done.  Of course you would need to hire such an "expert witness" for that purpose.  The defendant would likely blame you for not following instructions, or as Drs. often do, simply say it was a "bad result" and they did everything right.  I call this the sh*t happens defense, and while I poke fun at it, it can be remarkably effective, as the statistics on this link show for recent IL verdicts.    http://www.lawbulletin.com/assets/documents/8540%20ILJVR%20article.pdf   Tom Paris, Chicago Attorney  312/759-1600 312/201-1436(fax)   Disclaimer: The information, comments and links posted on this blog do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the blog and/or the blogger. For legal advice, contact Thomas M. Paris or an attorney actively practicing in your jurisdiction. Do not send any confidential or privileged information to the blogger; as Thomas M. Paris will not assume any liability or responsibility for it. If you send any information, documents or materials to the blog, you give permission for the blogger to include them on or in the blog. No information, documents or materials you send to the blog will be considered confidential or privileged by Thomas M. Paris. Also, no such information, documents or materials will be returned to you.