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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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We are a cosmetic doctor led skin clinic who use a very expensive

Customer Question

We are a cosmetic doctor led skin clinic who use a very expensive world class laser for laser hair removal and skin treatments. Our laser is one year old, cost £60k and is state of the art and serviced regularly. It is only operated by expert qualified personel including the doctor. In January a celebrity client visited for a laser facial treatment. The laser malfunctioned and severly burnt our clients forehead. We were not negligible, the laser was repaired and we have a report from the manufacturer stating that it was faulty and had malfunctioned. The laser manufacturer ( a US based company with a UK team) has since been very quiet and we have since been going through the process of trying to appease our patient who has already contacted his lawyers to sue us (this is going through our cosmetic insurance). We believe we have a right to sue the manufacturer for loss of earnings, damage to reputation etc, would this be the case and if so would we be likely to win??
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
What are you loss of earnings?I presume they do have an office in the UK?
Customer: replied 2 years ago.
Yes they do have an office in the UK, our loss of earnings is approximately one week of cancelled clients and extreme stress to both the doctor and the Laser therapist who was treating the client. Also, we have suffered damage to our reputation due to a celebrity client who would have endorsed us, never coming back to us again etc etc
Expert:  Jo C. replied 2 years ago.
Sorry for the delay.You do have a claim for the sum of your loss. Clearly this was malfunctioning and it was not caused by any fault of yours.The sum of your loss is harder to ascertain. Clearly it includes anything you have to pay to this client. I do think loss of earnings would be included unless it is written into the contract that you may need regular servicing which would cause loss of earnings anyway.Loss of reputation is famously difficult to ascertain but you would get something for it.If they are based in the Uk then they are easy to sue. the only issue here is that it sounds like it would exceed the small claims court arena and so costs will be an issue.Can I clarify anything for you?Jo