Health & Fitness
Martin Kane Kuper Earns Settlement for Client Burned During "Hot Stone Massage"
Martin Kane Kuper Earns Settlement for Client Burned During "Hot Stone Massage"
Martin Kane Kuper recently settled a case for a 50 plus year-old gentlemen who visited a local spa for a “hot stone” massage. He received a gift certificate as a present from a family member. He had a similar massage some years earlier, without incident. However, this experience was very different. He was asked to sit up while a therapist placed the “warm stones” behind him. He was then asked to lay down on top of the stones. He immediately commented that they were hot at which point he was told to sit up again while they were re-positioned. He laid back down and again commented that they may be too hot. He was assured that his body “would adjust” and therefore remained in position for approximately another minute at which point he could not tolerate the heat. On inspection he had four distinct burns, later diagnosed as second degree, on his back – one each from the four stones involved.
The adjustment that the therapist made was to place another towel over the rocks which apparently took a period for the heat to permeate the two towels and transfer to the torso. The client has permanent scarring in two of the areas. The firm was able to avoid litigation and settled pre-suit for an significant undisclosed amount.