parkcitykid

We are about to purchase a very reputable salon in a resort town. Last night my 14 yr old daughter came in and told me about the guest speaker she had at school that day. She was a lady who had been tanning for the past 15-20 yrs and claims she got skin cancer from a tanning bed....the mole on her back had gotten darker over the years, she was about to get married and didnt want to get it off immediately fearing the scarring so she let it go (for how long I dont know)(stupid move on her part) until after the wedding. When the time came to get it off, they discovered that it had migrated into her lung/liver/and brain. She had been undergoing treatment every since. Needless to say that scared the ba-geezzus out of me. My question to you prof. is, even though we have our clients sign a liability waiver prior to tanning, how liable are we for something such as that. How much liability insurance should we carry. Is $1,000,000 enough? Also if a client of the previous owners claims they got skin cancer from one of the beds in this salon prior to our ownership, are we liable for that! Just some realistic concerns we have prior to jumping in with both feet. Thank You for your input.

Chippp

She would have to prove it was caused by tanning at that salon.She could not prove she got it from tanning,or that is was caused from tanning at that salon.She also wated for treatment so its her fault it developed on.It sounds like a lame story to me.Insurance is needed for slip and fall type of stuff.No one can prove that the tanning bed she used caused her cancer.She should sue the bed maker or lamp maker they would have far more money she could get, if they had a case.It still sounds like a lame story.I would not even think about it.

Mike N

Just make sure you are covered with general liability and such. I too would not worry about what this lady claimed, however there are some people out there who will try anything they can and sue anyone at the drop of a hat.Check with IMC for tanning insurance, they should be able to answer any other questions you have.------------------Take A Trip To The Coast...Palm Coast Tann mike@palmcoasttann.com

Bronze Star

I took courses on Business Law last year in college and one of the issues with neligence and liability is intent. If a business owner knows a potential harms and is negligent that means that they failed to act in a manner to protect. So, in the case of this tanner who contracted skin cancer... she was the one who was in fact negligent and therefore liabel for her own deteriorating condition.Had she mentioned this "cancer" to her salon owner and he still allowed her to tan in his establishment, then perhaps under the letter of the law he could be considered mutually liabel... COULD BE. But the responsibility for safe tanning still ultimately rests in the hands of the individual signing that release form prior to tanning.CYA and do it often. Chippppp is right though, 9 times out of ten liability in this particular industry is the "slip and fall" kind. But still... CYA.Laurie

Fred

ParkcitykidFirst, from what I remember from seminars at Tanning Trade Shows (there's one in Las Vegas in July - you should attend):No one has ever successfully won a cancer case against a Tanning Salon.But, you need the proper insurance coverage for it. Can you afford the costs of defending yourself against such charges. If you have the right kind of insurance, the insurance company covers the costs, and they pay if you loose.There are 2 types of insurance; Premises Liability, and Professional Liability.Premises Liability is the slips, the falls, sombody breaks your window, etc.Professional Liability protects you from the cancer, burn, etc. cases.There are 2 types of coverage (I don't remember their exact names).I hope I can do a clear expanation of this.One type covers you only while you have the insurance. If someone sues you over something that happened last year, while covered by a different company, who's going to cover it???NOT YOUR CURRENT COMPANY, you weren't covered by them at the time of the incident.NOT THE COMPANY YOU HAD LAST YEAR, coverage expired when policy expired or you changed companies.SO, YOU'RE NOT COVERED!!!With the second coverage type you're covered forever.You've sold the Salon 5 years ago. You're retired in Las Vegas. You quit paying insurance premiums when you sold the Salon. Somebody sues you claiming that tanning at your Salon 10 years ago caused them to get cancer.YOU'RE COVERED!!!!!Like I said, I don't remember the names of the different coverages. And the second type costs a little more, but it's worth the cost.Check with an Insurance Agent.Not just any Insurance Agent (been there, done that).Not with the guy who insures your house & car (he don't have a clue to what you're talking about).Check with one that specializes in Tanning Salons. They will not only know what they're talking about. It will save you money and headaches.Hope this helps,Fred

parkcitykid

You folks have been a great help....Thanks for all the informative input...I welcome any other advise on this subject..I will certainly continue to use Tan Talk as an exceptional learning tool...Thanks again! Quote:Originally posted by Fred:ParkcitykidFirst, from what I remember from seminars at Tanning Trade Shows (there's one in Las Vegas in July - you should attend):No one has ever successfully won a cancer case against a Tanning Salon.But, you need the proper insurance coverage for it. Can you afford the costs of defending yourself against such charges. If you have the right kind of insurance, the insurance company covers the costs, and they pay if you loose.There are 2 types of insurance; Premises Liability, and Professional Liability.Premises Liability is the slips, the falls, sombody breaks your window, etc.Professional Liability protects you from the cancer, burn, etc. cases.There are 2 types of coverage (I don't remember their exact names).I hope I can do a clear expanation of this.One type covers you only while you have the insurance. If someone sues you over something that happened last year, while covered by a different company, who's going to cover it???NOT YOUR CURRENT COMPANY, you weren't covered by them at the time of the incident.NOT THE COMPANY YOU HAD LAST YEAR, coverage expired when policy expired or you changed companies.SO, YOU'RE NOT COVERED!!!With the second coverage type you're covered forever.You've sold the Salon 5 years ago. You're retired in Las Vegas. You quit paying insurance premiums when you sold the Salon. Somebody sues you claiming that tanning at your Salon 10 years ago caused them to get cancer.YOU'RE COVERED!!!!!Like I said, I don't remember the names of the different coverages. And the second type costs a little more, but it's worth the cost.Check with an Insurance Agent.Not just any Insurance Agent (been there, done that).Not with the guy who insures your house & car (he don't have a clue to what you're talking about).Check with one that specializes in Tanning Salons. They will not only know what they're talking about. It will save you money and headaches.Hope this helps,Fred

BooBop

Fred, thank you for this info. I have wondered about this myself.But wouldn't it be almost impossible to prove the cancer came from a tanning bed? I have been told that most cancers come from years earlier of sunburning.------------------

Fred

Buntanner,maybe that's why there's never been a successful case against a Tanning Salon.I've been told the same things you have. It makes sense.I'm still waiting for the effects from a couple of REALLY BAD sun burns I got 50 years ago as a kid, and all the other minor ones during the same era.So maybe it don't come from sun burns. Maybe some of us are lucky, and just immune to cancer - no cases of any type in my family tree.Maybe it has to do with my working outdoors all my life - in & out, in & out, in & out. A (apparently little known) Navy study showed that the in & out workers were the least likely to get skin cancer. The Dermatologists and American Cancer Society never refer to it, but then, it's contrary to what they are preaching. I've seen the results of the Navy study in the past, but right now can't tell you where to find it.Fred Quote:Originally posted by buntanner:Fred, thank you for this info. I have wondered about this myself.But wouldn't it be almost impossible to prove the cancer came from a tanning bed? I have been told that most cancers come from years earlier of sunburning.

Chippp

skin cancer comes from smoking and drinking booze to.

Fred

I've been smoking for over 50 years & drinking for 45 years.It's all in the genes.Fred Quote:Originally posted by Chippp:skin cancer comes from smoking and drinking booze to.