Posted : 3/01/2005

Liability Coverage Protects Salons From
Claims
In today’s society, hundreds of thousands of Americans go to
court each year to settle disputes. In some states, an injured party can recover compensatory
damages as well as punitive damages.
Compensatory damages
are used 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.
Where the defendant’s conduct is found to be intentional,
willful, wanton or malicious, the courts may permit an award of punitive damages
in addition to compensatory damages.
Punitive damages are intended to punish the defendant and to
discourage the type of conduct in which the defendant engaged. For example, a
jury may award a woman who suffered burns from a tanning bed relatively modest
compensatory damages, but award her millions of dollars in punitive damages
against a salon owner, because the jury found the salon responsible for the
woman’s burns.
Liability coverage is one of the most essential insurance
coverages available for salon owners to protect themselves and their businesses.
Securing adequate liability insurance is of prime importance for salon owners,
whose professional services may pose a risk of injury to their customers.
In addition to liability arising specifically from the use of
tanning equipment, salon owners also may be held accountable for a variety of
other kinds of business liabilities such as trips and falls. Such liabilities
can arise from any number of business relationships, including those with
customers, suppliers, partners and landlords.
Liabilities can stem from the actions of employees,
noncompliance with governmental regulations, the sale of equipment, maintenance
of the premises and even from competing with other businesses. Some sources of
liability are unique to the tanning industry, while others are not;
nevertheless, it is important for the salon owner to be aware of these potential
loss exposures when setting up and operating the business.
There are two types of liability about which all salon owners
need to know: business liability and professional liability.
Business liability protects a salon owner against
bodily-injury lawsuits, for example a lawsuit claiming that a customer or
visitor was injured while on the premises (such as those injuries caused by
trips and falls).
Business liability also provides protection against
property-damage claims, personal-injury lawsuits involving libel or slander,
claims arising from the physical eviction of a person while on the premises
and/or claims of false arrest, and claims arising from false advertising.
The second type of liability coverage is professional
liability, which protects a salon owner against any accidents or negligent acts
that may arise from providing professional services. For example, professional
liability protects salon owners from claims made by customers who have suffered
burns from overexposure.
Jury awards of more than $1 million have not been uncommon;
therefore, a liability limit of $1 million no longer can be considered
excessive. As a result, many salon owners, even small salons, carry higher
limits of general and professional liability. An agent specialized in tanning
salon insurance can increase a salon owner’s business liability limit from $1
million to $2 million per year at a very reasonable cost. Group purchasing power
has put higher limits of liability within the reach of many salon owners
previously unable to afford the increased coverage.
Specialized agents can advise salons about their real-life
insurance requirements. For more information about specialized tanning salon
insurance coverages from Universal Insurance Facilities, Ltd., write P.O. Box
33409, Phoenix, AZ 85067-3409; call (800) 844-2101; fax (480) 970-6240; or visit
www.universalinsuranceltd.com.
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