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VIC Negligence at massage/spa, do I have a claim?

Discussion in 'Personal Injury Law Forum' started by Chanelle, 15 June 2017.

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  1. Chanelle

    Chanelle Member

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    Hi - needing help and opinions on this matter, any information will be appreciated.

    I purchased a deal/coupon on the site Groupon.com - the site iteslf allows brands and companies to offer coupon deals through them.

    So I purchased a $79 deal for a 105 minute spa treatment. The treatment includes a 45 hot stone relaxation massage, a head massage, a 30 minute foot massage and a 30 minute foot spa.

    When I arrive at my appt, I let the workers know I was redeeming my voucher I purchased. The three stuff members told me they couldn't speak English and said I'll have to wait 10 minutes for their co worker to finish her break to come back and translate.

    Once she arrived she said 'yes you can use t but not today'. After I asked why, she said they were fully booked out (I knew they weren't because they had taken three walk-ins whilst I was waiting). I reminded her that I had made an appointment already. She whispered to her manager in another language and then looked at me and said "ok but you have to pay cash". I said no, I have already pre paid. To her dissapointment she said fine, come through. (She was not happy).

    In my 'relaxation hot stone massage', I was laid down as usual (I have massages weekly so I am a 'seasoned massage-goer). She started 'rubbing me' with EXTREME pressure. I said - no I want relaxation, NOT deep tissue. But alas this masseuse could not understand me. After 3 times of asking for light pressure and hot stones, I eventually was in so much pain I had to ask her to cut it short. It was about 25 minutes in.

    I then had my foot massage. (Head massage was skipped?) foot massage was normal.

    Then was time for the kicker. After an agonising massage, I wanted to leave, but she could not understand me, so I thought okay hopefully it will get better.

    She carried over a bucket, lined with a bin bag, and poured kettle water in it. IT WAS NOT A FOOT SPA.

    She put my feet in the bag of boiling water and tried to tie the bag around my ankles (maybe to help steam them?? I don't know?) I quickly pulled my feet out as a reflex from the BOILING water, and said NO it is way too hot. I asked her to put cold water in, and she laughed and said to just wait for it to cool. So after 20 minutes of my agonising back and feet, waiting for this water to cool, I realised my feet were too 'stingy' to even put in at all. Meanwhile, the 20-30 minutes I was waiting for the water to cool, my masseuse was getting a massage from her co worker a few chairs down from me. They were just chatting and laughing and completely ignorant of me and their customers.

    I then yelled over to her that my feet were too sore and asked what do I do?
    She said to go grab a towel and dry them off as everything was done.

    I was in shock. The whole thing was absolutely unbearably horrible. I cannot believe anyone would do this as a business. I cannot believed I paid to be tortured.

    I had two blisters on my right foot from the water burns. I took a photo. I also took a photo of my 'foot spa' aka bag of water in a bucket haaa.

    What can I do? This is awful. I have contacted Groupon and am waiting on a response, as I cannot communicate with the people at the shop.
     
  2. Rod

    Rod Well-Known Member

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    Unlikely to have a cause of action. Two blisters and a painful massage does not give grounds for a negligence injury claim.

    Suspect you have a good chance at getting your money back though as you did not receive what you paid for.
     
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  3. Chanelle

    Chanelle Member

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    Thank you - I did think that was a definite possibility. If I can at least get my money back I would be happier. I just cannot justify paying for this 'service'.
     
  4. Matthew Karakoulakis

    LawTap Verified Lawyer

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    Hi Chanelle,

    The Australian Consumer Law (ACL) requires service providers to provide service with due care and skill. Secondly, the service provided must be fit for a particular purpose. It is possible for consumers for ask for refund if there was major problem with the service. An example of major problem is one where a consumer would not have bought the services had they known about the problems.

    Generally, service providers such as Masseuses can be sued for negligence because they owe clients duty of care. To establish negligence, the following has to be established: the Masseuse through the massage, breached that duty, that caused an injury and the injury resulted in physical, psychological, and/or financial harm.

    Feel free to contact AMK Law on info@amklaw.com.au or admin@amklaw.com.au to arrange a time to discuss your situation.
     
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