Health Spa Sexual Assault Lawsuit Attorney

Health spas, also known as medical spas and day spas, offer a wide range of services that can benefit your physical and mental health. Some of these spas target health and spiritual healing, while others are more focused on beauty treatments, like facials, body wraps, and hair removal. These services can help people of all ages feel better about themselves, while providing a mental escape from the stresses of daily life.

While many patrons enjoy their experience and receive professional treatment from staff members, others are left with the life-long scars of sexual assault. If you were sexually assaulted by an employee or another patron while you were at a health spa, please know that you’re not alone. Help is readily available to assist you during this time, including legal options to compensate you for the damages you’ve suffered.

We will go over these legal options today, along with other information that we think will be of help to you. If you have any other concerns regarding your rights as a sexual assault victim, please call our office and speak with a California sexual assault lawsuit attorney.

Was I Sexually Assaulted?

Please don’t feel bad if you’re asking yourself this question, as countless victims have done the same thing. Frankly, many people still believe that rape and attempted rape are the only forms of sexual assault. But sexual violence can take place in various ways, especially at spas where workers often have physical contact with the customers.

To help you better understand what’s happened to you, here are some actions that constitute sexual assault when you’re in a health spa:

• You were touched on your breasts and/or genitals, or too close to those areas.
• You clearly expressed that you did not want to be touched in a certain area, but the masseur did not respect your wishes.
• You were subjected to an employee exposing themselves or masturbating in front of you.
• You were vaginally or anally penetrated by a spa technician, either with their hands or an object.
• You were forced to engage in or witness a sexual act (false imprisonment).

These are just the most common forms of sexual assault that can happen at a health spa, and your own incident may involve different circumstances. That’s why it’s important to talk to a lawyer right away and ensure that you are fully aware of what was done to you. Our sexual abuse attorneys are here for you with the compassion and empathy you deserve. We can confirm whether or not you were sexually abused, as well as the legal actions you can take against your attacker. Anything you tell us is strictly confidential and there is no pressure to pursue a lawsuit, so please don’t hesitate to give us a call.
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Why so Sexual Assaults Happen at Health Spas?

Sexual assaults can occur just about anywhere, but they’re especially common at health spas. For one thing, patrons are paying for services like massages and body wraps, where physical contact is a necessity. Furthermore, patrons are partially dressed or nude for many of these services, making them particularly vulnerable to a sexual predator. Massage therapists, for example, can easily take advantage of someone lying on the table and make it seem like the inappropriate contact was an accident or misunderstanding.

A spa client can also be sexually attacked by another patron. This can happen in settings like saunas, hot tubs, or locker rooms, or in secluded / dimly lit areas. Businesses are required by law to take reasonable security measures in order to prevent such incidents. So if you were sexually assaulted due to a lack of security measures, the business may be responsible for your bodily and emotional injuries.

Spa-related sexual assaults, by the way, can happen at various places that offer health and wellness procedures. These places include, but are not limited to:

• Gyms
• Hotels / resorts
• Cruise ships
• Hair or nail salons
• Hospitals or doctor’s offices
• Physical therapy centers
• Chiropractors
• At home from traveling spa technicians

Regardless of where you were sexually assaulted, you have rights as a victim and should learn about them as soon as possible. Contact Normandie Law Firm and schedule a free consultation with one of our attorneys.

Can I Sue the Spa where I was Sexually Assaulted?

Yes, you can file a lawsuit against the spa or anyone else that is legally responsible for your injuries. In order to sue an individual or entity for monetary damages, you must prove that their negligence was the direct cause of your injuries. Negligence can be proven by these four elements:

• The defendant (party you’re suing) had a duty of care to ensure your safety and well-being.
• The defendant breached that duty of care by failing to remove/ resolve a hazard, or failing to take reasonable actions to prevent an accident.
• Because of the defendant’s breach of duty, you suffered physical and/or mental harm.
• You are legally entitled to monetary damages for the harm you’ve suffered.

To put this in the context of a health spa, let’s say you were forced to witness a spa technician masturbating while you were in the middle of a beauty treatment. You speak to an attorney who makes some inquiries and finds out that there have been multiple complaints against this employee. However, this spa is part of a major franchise and simply moved the employee to another location instead of firing him. This means they were negligent in their duty to ensure your safety and are thus liable in a lawsuit for sexual assault.

Spas, however, do not have to be directly responsible for their employee’s actions in order to be sued by an injured customer. Let’s say a spa technician fondled your genitals while you were receiving a massage. In California, an employer may be held responsible for an employee’s actions that occurred during the normal scope of their employment. This is known as vicarious liability, which may be grounds for you to sue the business if you were sexually assaulted by an on-duty employee.

A business can also be liable for a sexual assault if they failed to take adequate security measures. This is a bit tricky with spas, as patrons are more exposed than normal due to the types of treatments that are offered. However, bright lighting, secure doors and locks, constant monitoring by staff, and other measures can be taken to prevent or deter a sexual predator from acting on their impulses.

These are just some of the ways that liability can be established in a case of sexual assault. In truth, liability is a complex legal concept, especially when multiple parties may be responsible for your injuries. For more information on liability and your right to sue for damages, contact out law firm and speak to an experienced personal injury lawyer.

Injuries from a Sexual Assault

A sexual assault can leave the victim with a variety of physical and mental injuries, which they may struggle with for a lifetime. Trauma to the genital area is the most common injury, though victims can also suffer from cuts, bruises, broken bones, and other damages depending on the violence of the attack. However, the vast majority of sexual assaults result in little to no physical injury. In that case, are you still able to file a lawsuit?

Yes, even without visible signs of harm, you have the right to sue for the emotional distress resulting from your attack. These are non-economic damages, which are not based on set figures like medical costs and lost wages. Instead, these damages are designed to compensate you for the emotional trauma resulting from your attack. That trauma can last for a lifetime, and living with it may require long-term therapy and psychotropic medications. Sexual abuse victims can also develop mental health disorders, like depression, PTSD, and acute stress disorder.

The emotional toll of a sexual assault cannot be overestimated, and its impact is different for each victim. With the help of a lawyer that’s experienced in sex abuse cases, you can determine the level of harm you’ve suffered and a fair amount of compensation for your losses.

What can I Receive from a Sexual Assault Lawsuit?

A sexual assault lawsuit is comprised of economic and non-economic damages. The list of compensable damages varies from person to person, but here are the compensation types we typically ask for on behalf of a sexual assault victim:

• Medical expenses
• Lost wages or lost earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Punitive damages

If you have questions on any of these compensation types, please reach out to us at our office. It’s essential to fight for every compensable damage you’re entitled to, but most victims are unaware of what they can ask for. To protect your rights and ensure that you receive a fair amount of compensation, contact the lawyers of Normandie right away.

What is the Average Value of a Health Spa Sexual Assault Lawsuit?

As we stated, the type and level of damage resulting from a health spa sexual assault differs from person to person. That’s why it’s impossible to give an average value for these cases, but we can say that settlements are generally in the 5 to 7 figure range. In recent years, many victims have received 6 to 7 figure awards, especially if their case goes to trial. Just take a look at the following settlements and verdicts:

• $609,000 by jury verdict for a Connecticut plaintiff, who was sexually assaulted by an employee at the Viso Bella Day Spa.
• $4.9 million for two plaintiffs who were sexually fondled by a massage therapist at the Namti Spa in Sedona, Arizona.
• $1.5 million for a woman who was sexually assaulted by a male massage therapist at a North Carolina spa.

These are impressive settlements that indicate the serious nature of sexual assault and its long-term damages on the victim. It’s worth noting that much of the compensation in these cases resulted from punitive damages, which are awarded on top of a regular settlement award. These damages apply to cases of gross negligence and are meant for the purpose of punishing the defendant, while deterring others from engaging in the same type of conduct.

As for what constitutes an act of gross negligence, here’s an example:

A health spa has received multiple complaints over several years about a technician’s inappropriate touching during salt scrub and body wrap sessions. Instead of calling the police or firing the employee, the spa keeps moving him to a different location or gives him different job duties until the complaints start again. A brave victim comes forward and files a lawsuit with help from a personal injury attorney. Due to the spa’s outrageous and deliberate actions to conceal their employee’s conduct, the jury awards the victim awards $1.5 million in punitive damages.

We can’t say if punitive damages apply in your case without speaking to you in person. To learn more about punitive damages and the other forms of compensation you’re entitled to, schedule a consultation with one of our attorneys.

How Long does it take to Settle one of these Cases?

The timeline to settle a sexual assault case varies greatly, but it can range anywhere from a few months to several years. Based on our experience, here are the most common factors that can affect the length of your case:

• The severity of your injuries (physical and emotional).
• How long it will take for you to reach the maximum level of recovery.
• The amount of compensation you’re asking for.
• The defendant’s willingness to accept liability.
• The defendant’s willingness to negotiate a settlement.
• Whether your case is settled without court intervention.

It’s always our goal to settle your case as soon as possible, meaning we will attempt to negotiate a settlement with the defendant’s insurance company. The negotiation process can take anywhere from a few months to a year, though there is no time limit on how long you can negotiate.

However, negotiations are successful only if the company if willing to accept responsibility and acts in good faith to reach an agreement. If not, we may have to proceed with a lawsuit in order to recover the full range of your losses. Negotiations are still possible during this time, and in fact, just filing the lawsuit may get the other side to take you seriously and make you a fair offer. But if we’ve clearly reached an impasse with the insurance company, we’ll begin the work of preparing for a trial.

The process of building a case that’s ready for trial can take a year or more, but three’s a good chance your case will be settled before then. The courts typically order both sides to participate in mediation before the trial date, and around 95% of cases are settled in this manner. But if you can’t agree on a settlement during mediation, the only other option is to go to trial. In that case, it may be several years from the date of your assault before a jury issues their ruling.

Advice from a California Sexual Abuse Attorney

A sexual assault lawsuit is undoubtedly complicated, and victims are often railroaded into dropping their claims or agreeing to a low settlement. This is another form of victimization by the responsible parties, and it’s unacceptable to us here at Normandie Law Firm. That’s why we are so zealous when it comes to fighting for the rights of sex abuse victims, regardless of their age or personal circumstances.

When you choose Normandie, you can be sure that we will treat you with the respect, empathy, and dignity you deserve. To us, our clients are family, not just case files with potential settlement values. We would fight aggressively to recover maximum compensation for our family members, and that’s exactly what we’ll do for you. As a further sign of our commitment, you will never pay upfront when you retain one of our attorneys. Our Zero fee guarantee means that all our payments are deferred until you are compensated by the responsible party. And if we fail to recover your settlement, there is no cost to you for any of our services, even if your case goes to trial.

There is nothing you have to lose by calling us and taking some time to speak with our attorneys. Contact our office as soon as you can and schedule a free consultation.

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