In the current era of technology, many services are becoming one-touch and delivery-based. Restaurants that used to only offer sit-down options now contract deliveries out through third-party apps and drivers, for instance. A lot of the technology and business shifts are due to increased efficiency and the rise of the independent contractor. One such company that has carved a niche for itself in delivery services is Soothe. Soothe provides a platform through which users can order massages; a massage therapist will travel to their home and administer the massage for a fee. The service can also be used to cover a workplace or to cover a couple’s massage. The problem, of course, is that Soothe expressly denies all liability and responsibility in the event of incidents. If you were hurt or assaulted by a massage therapist ordered from Soothe, you should contact the Downtown A Law Group. We will help you sue Soothe and the therapist for your rightful compensation.
How does Soothe work?
Soothe offers a few different options for customers. The varying massages can address different types of tension in the body and may be directed at different types of people. Athletes may request the sports massage, while mothers may request the prenatal massage, for example. Users select a time – anywhere between 60 minutes, 90 minutes, and 120 minutes – and input their information. They will be randomly paired with the nearest and most skilled massage therapist available. There is also the possibility for users to hire these therapists on an ongoing basis after the first meeting.
Soothe massage therapists bring their own massage tables, linens, oils, and other needs to each location. Customers do not have to worry about providing anything other than a space.
One of the key details about Soothe is that the company provides a platform or matchmaking service and does not actually employ the massage therapists. The Therapists are employed at their own firms or businesses and are independent contractors. This means that the company declares itself free from liability, and in the event of any injuries, you must take legal action against the therapist or their business. However, the therapist is likely not working for their personal company at the time of the Soothe massage, which would likely alter the route you can follow if you were hurt by someone.
Risks of Using Soothe
One of the primary risks associated with Soothe is the entire idea of letting strangers come into your home and learn your address, despite the being part of this project. It is also difficult and risky because Soothe’s massage therapists do not work for Soothe. Soothe is not a company that provides massages and treatment, but it is instead a matchmaking service, in essence. Therefore, Soothe has written into its terms and conditions that it will not cover any damages inflicted on the person.
Some of the risks that are associated with Soothe include:
Theft and robbery, especially if you drift off to sleep during the massage, which will allow the massage therapist to freely roam your home and take what he or she wants
Allergic reactions to chemicals, lotions, oils, and other substances used during the massage, which can cause skin irritation, rashes, and other injuries
Burns caused by candles or heat lamps used by the massage therapist, which may happen because the wax spills, the candle is dropped, the heat lamp is pressed on your skin, the lamp is located too near your body, and more
Massage error, which can happen when a massage therapist is too rough on a part of your body or tries too hard, leading to sprains, dislocations, bruising, internal damages, fractures, and more
Physical assault, which is perhaps the most common occurrence in hose calls. The massage therapist will have you in a state of vulnerability, and he could har you, hit you, slap you, punch you, or do anything else that may threaten or damage you. Physical assault and battery generally requires threatening language or actions and a follow through with physical violence.
Sexual assault, which happens when a massage therapist gropes you, molests you, forces himself on you, rapes you, and more. Sexual assault often happens due to the fact that the massage therapist has the client undressed (despite the level of undress being up to the client) and is able to control the client.
If you are injured in any way by a massage therapist from Soothe, you should reach out to our firm for assistance moving forward with a legal claim.
How to Sue Soothe for Injuries
Soothe denies all liability despite providing the massage therapists. The therapists are said to be fully vetted and must undergo background checks and have completed the required training hours. They are generally employed at other businesses as well. However, if Soothe lies about the vetting process, openly hires someone with a criminal background, hires someone with a known streak of violence or shadiness, or lists a therapist who does not have the proper qualifications, the company can be held accountable. You otherwise would have to file a claim directly against the massage therapist for injuries.
To sue Soothe, you should follow these steps:
First, go to the hospital for medical treatment so you can have proof of the damages that happened. You should take photos, get a rape kit administered, hold on to medical receipts, make copies of the doctor’s notes, and more. Do not wait too long to go to the hospital – your injuries may worsen, for one, but the agent handling your case may also doubt the validity of it due to the gap between the incident and the treatment.
Make copies of the transaction details. You can screenshot the app, print copies of any receipts, make copies of bank statements or credit card statements, and more.
If you can acquire some kind of photo evidence or video evidence, such as security camera footage showing the massage therapist entering and leaving your house to illustrate they were in fact present, or security camera footage from within your home, you should provide it.
There may have been eyewitnesses who saw the incident occur, such as someone else in a couple’s massage or coworkers in a work massage office setting. You can ask them for their statements and testimonies to add to your claim so that you are not alone in your accusation.
Once you have gotten as much evidence as possible, you should find a Soothe injury lawyer to help with your case. You may not have any legal experience, whether it consists of injuries or assault, and you could be at a loss for how to continue. Without proper legal representation, you very well may find your case getting thrown out or the agent ignoring your calls. Our lawyers will work around the clock to ensure that your case is heard and we will negotiate the fairest settlement from the company.
Deadline to Sue Soothe for Injuries
The statute of limitations in California for personal injury claims is 2 years from the date of the injury. If you fail to file a claim within this period of time, you won’t be able to secure any compensation for your injuries. It is important that you act quickly – your evidence is more likely to get lost or corrupted the longer you wait.
There are a few scenarios in which the statute of limitations can be extended. They include the age of the victim (minors can wait until they are legal age before filing a claim) and the presence of the defendant (defendants who have left the state can cause the statute of limitations to be suspended until they return).
Many individuals fail to file claims because they do not know when their statutes of limitations run out. Our lawyers will file your case on deadline and ensure that you do not miss the opportunity for compensation.
Earnings from a Soothe Injury Lawsuit
You may be able to receive ample compensation if you were injured due to a Soothe massage therapist injuring you. The circumstances of your case will largely determine the amount that you receive, though. The insurance agent will look at how liable you were, how severe your injuries were, and more, and he will make an offer based on those details. We will strive to negotiate a fair deal from the agent. You may be able to receive the following:
- Medical expenses from the past and future
- Lost income if you were unable to return to work
- Reimbursement of the costs of the massage
- Property damage
- Pain and suffering damages
You could also receive punitive damages, which are additional forms of compensation that are meant to punish the defendant. They are handed out in times of gross negligence or when you were intentionally harmed. These damages are difficult to win, though, due to their reputation as severe or excessive, so only a skilled attorney will be able to secure them for your case.
How We Help
Our law firm, the Downtown LA Law Group, ca help you sue Soothe for any injuries or losses you suffered while using the service. We will stop at nothing to ensure that you are appropriately compensated, and our aggressive lawyers are well known for their commitment to clients. We have recovered hundreds of millions of dollars for our clients over the years.
Call us today for a free legal consultation to discuss your case. All consultations are totally confidential, and your information will not be released anywhere else. We will also give you details about our zero fee guarantee, which says that you won’t have to pay us any money from start to finish for your case. We will get paid only if we win, and if we lose, we take no payments at all.
Get in touch with the Downtown LA Law Group today if you wish to sue Soothe for injuries suffered during a massage.