Posted : 11/01/2002

The Importance Of Professional Liability Coverage
Protect Your Salon From Costly Litigation
Over the years, the indoor
tanning industry has been the basis for a number of urban legends. Tales ranging
from a woman falling asleep in a tanning bed and frying her organs to people
actually catching on fire in a tanning bed have become fodder for the
imagination.
As professionals it's easy to separate the fact from fiction; unfortunately,
the public many times cannot. Regardless, injuries can occur in a tanning salon.
People who do not tan responsibly can be at risk of receiving injuries including
sunburns, premature skin aging, cataracts and other eye and skin diseases. Some
injuries have been caused by operator error in underestimating or overestimating
the amount of UVR being released during the tanning session. Sometimes customers
who obtain these types of injuries from tanning beds try to hold the salon owner
liable by filing a lawsuit.
Litigation is never fun and can be a major threat to the livelihood of your
salon. Responsible salon owners can reduce the risk of loss if they educate and
protect customers from possible injuries and disease transmissions and have
proper insurance coverage for their business.
When trying to avoid injury it is essential to figure your customer's
desirable tanning time by using a skin typing method. Tanning salons should have
a routine system in place to identify the different skin types that range from
Skin Type 1 up to Skin Type 6. No matter what skin typing system your salon
uses, matching skin type to the manufacturer's listed tanning schedule is an
essential element in starting an effective tanning program. LOOKING FIT's annual
Fact Book addresses the subject of skin typing and photosensitive reactions. You
can access this information online at www.lookingfit.com.
However, what do you do when you've taken all the proper precautions and
clients still file suits against you because they feel that your salon led to
their injury? One of the most essential coverages salon insurance provides to
protect you and your business is professional liability. Securing adequate
professional liability insurance is highly important for salon owners whose
services pose a risk of injury to their customers.
Liabilities can stem from the actions of your employees, non-compliance with
governmental regulations, the sale of equipment, and maintenance of your
premises and equipment. Some sources of liability are unique to the tanning
industry, while others are not; nevertheless, it is important for you, as a
salon owner, to be aware of these potential loss exposures when setting up and
operating your business.
Professional liability protects you against any accidents or negligent acts
that may arise out of your professional services. For example, professional
liability protects you against claims made by customers who have suffered burns
from overexposure or who have had a photosensitive reaction to a lotion.
Manicurists and beauty salon owners sometimes make the mistake that their
professional liability insurance will cover a tanning-bed claim; however, it
won't, and if you are uninsured, your personal assets could be at risk including
your car and home.
In view of increased litigation and skyrocketing jury awards, many salon
owners today are carrying higher limits of coverage. In some states, an injured
party only can recover compensatory damages, but other states may award punitive
damages as well.
An injured party may seek compensatory damages to recover out-of-pocket
expenses for medical care and medications, lost wages, property damage, pain and
suffering, disfigurement and even the loss of the capacity to enjoy life. A
business may seek to recover lost profits and out-of-pocket expenses. In the
absence of statutes, determining the monetary amount of damages usually is left
to the courts and their juries. In recent years, awards of $1 million or more
have been common. Therefore, a legal liability limit of $1 million no longer can
be considered excessive, even for the smallest salon.
On a positive note, higher limits of liability are readily available for
tanning salon owners at reasonable rates. Insurance companies can upgrade a
salon's professional liability limit from $500,000 to $1 million for just a few
hundred dollars per year on average. Group purchasing power has put higher
limits of liability within the reach of many salon owners previously unable to
afford the increased coverage.
Agents and underwriters can advise you about your real-life insurance
requirements. For more information about specialized tanning salon insurance
coverages contact Universal Insurance Facilities, Ltd., P.O. Box 40079, Phoenix,
AZ 85067-0079, (800) 844-2101, Fax: (480) 970-6240 or www.vpico.com/universal.
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