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Children and Juvenile Law, Keyed to Abrams, 8th Ed.
Claire’s Boutiques v. Locastro
Citation:
85 So. 3d 1192 (2012)Facts
In August 2006, Amy Locastro brought her thirteen-year-old daughter Alexis to Claire’s Boutiques to have Alexis’s ear cartilage pierced. Before the procedure, Amy signed a disclosure form containing both a release from liability and an indemnification provision stating she would hold Claire’s harmless even for Claire’s sole or joint negligent acts. The employee who performed the piercing, Erica Stokes, had no documented training in her file, and Amy testified she did not observe Stokes washing her hands before the procedure. Claire’s employees were not required to sterilize the surgical marking pen between customers and had no hand-washing sink at the piercing station. Following the piercing, Alexis developed a severe cartilage infection that required hospitalization for eight to nine days, surgery to drain the infected area, and extensive medical treatment. The infection caused permanent disfigurement and loss of feeling in the top portion of Alexis’s ear.
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