Pulse May / June 2022 - Page 56

GOING HOLISTIC Why is adopting a holistic approach to risk management important ? It ’ s simple : Spas , massage therapists and wellness providers are targets . Plaintiff attorneys specifically advertise the ability to file suit against spas ( specifically day spas and resorts ; we will leave the med-spa discussion for another day ). Websites lure customers with language like :
Getting a massage at a wellness center should be a relaxing and rejuvenating experience for your body and mind by relieving muscle soreness and reducing stress . In recent years , however , many allegations have come to light about sexual abuse in spas , including claims by clientele against individual massage therapists and the institutions that employ them . If you were the victim of unwanted sexual advances in a spa , contact a sexual abuse attorney to learn about your rights and begin the path to recovery .
From a single report of spa misconduct , whether valid or not , Plaintiff attorneys try to collect customers to gain
leverage for settlements and newsworthy lawsuits . This does not even include claims related to other miscellaneous alleged slips , trips , falls , injuries or random negligence . Typically , claims against spas will become lawsuits alleging vicarious liability , negligence and / or gross negligence and negligent training , hiring , supervision and retention practices . In most jurisdictions , allegations of gross negligence and negligent training , hiring , supervision and retention can result in punitive damages , in addition to the compensatory damages related to other causes of action . Basically , this is legal mumbo-jumbo for suggesting you and your employee screwed up ( big time !); you are responsible for your employee ’ s screw-up and should pay for it ; and you also independently screwed up because you never should have hired the employee in the first place , you trained and supervised them poorly and you shouldn ’ t have kept them around . All of this can translate to serious money in the claimant ’ s pocket . A reflexive response to situations like these is difficult , incomplete and expensive . If you have acted holistically , the level of panic caused by the allegations in a complaint
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“ When ( not if ) incidents , injuries or claims happen , you must be prepared . To be prepared , you must be calm , collected and in control of those things you can control .”

38 PULSE • MAY / JUNE 2022