Tanning beds are commonly applied throughout California in tanning salons, spas, and health clubs for year-round bronzed skin. Tanning beds, though, are responsible for severe injury when poorly maintained or used, particularly when patrons are over-exposed to UV rays. A tanning bed burn can not only result in extreme physical suffering and deformation but can also develop into long-term health complications, such as increased vulnerability to skin cancer.
If these injuries have resulted from negligence or a violation of the rules, the victims are entitled to a personal injury claim. In this article, the causes of tanning bed burns, who can be liable, the applicable laws and regulations in California, and how victims may claim compensation are discussed.
Understanding Tanning Bed Burns
Tanning beds use ultraviolet (UV) lamps to simulate sunlight and accelerate the tanning process. While UV exposure is a known risk factor for skin cancer, excessive or improper exposure during a tanning session can also cause first-degree or second-degree burns. In some cases, these burns lead to blistering, scarring, infections, and emotional trauma.
Common signs of tanning bed burns include:
- Red, painful skin (similar to sunburn)
- Blisters or peeling skin
- Swelling or inflammation
- Nausea or fever in severe cases
- Permanent discoloration or scarring
These injuries often result from negligent behavior by tanning salon operators or defective equipment.
Common Causes of Tanning Bed Burns
Several preventable factors may lead to tanning bed burns, including:
Overexposure to UV Rays
This is the most common cause. If an employee sets the timer too long or fails to adjust the bed for skin type, the user may suffer burns.
Failure to Warn or Instruct
Many consumers are unaware of the risks of using tanning beds. Salons must provide clear safety instructions, including skin type evaluations and recommended session lengths.
Defective or Malfunctioning Equipment
Improper maintenance or defective UV bulbs can emit dangerous levels of radiation, increasing the risk of burns.
Lack of Supervision or Oversight
Some tanning salons allow unsupervised use of machines, particularly in gyms or self-serve booths. Without proper oversight, users may unknowingly exceed safe exposure limits.
Underage Use Without Parental Consent
California prohibits the use of tanning beds by minors under 18. If a salon violates this law and a minor is injured, it may face serious legal consequences.
Legal Theories Behind a Tanning Bed Burn Claim
Victims of tanning bed burns may bring a lawsuit under several legal theories, depending on the circumstances:
Negligence
A tanning salon or operator may be liable for failing to follow proper safety protocols, failing to train staff, or failing to maintain equipment.
Premises Liability
If the injury occurred due to a dangerous condition on the property, such as an unclean or unsanitary machine, the owner may be liable under California’s premises liability laws.
Product Liability
If the tanning bed or its components were defective in design or manufacturing, the victim may bring a product liability claim against the manufacturer or distributor.
Breach of Warranty
If the salon marketed its services as safe or FDA-approved but failed to meet those standards, a claim for breach of express or implied warranty may apply.
Liability: Who Can Be Held Responsible?
Depending on the facts, several parties may be liable for a tanning bed burn in California:
- The tanning salon or spa owner
- Employees or operators who mishandled the machine
- Gyms or businesses offering unsupervised tanning access
- Equipment manufacturers or maintenance contractors
- Product distributors or retailers
An experienced personal injury attorney can help identify the responsible parties and build a case for compensation.
Regulations Governing Tanning Beds in California
California enforces strict regulations for tanning salons, including:
California Business and Professions Code Section 22706
Prohibits tanning bed use by anyone under 18 years of age, regardless of parental consent.
Health and Safety Code Sections 104350–104495
Outlines operational and safety standards for tanning devices, including required warning signs, skin type assessments, eye protection, and training requirements for staff.
Federal Regulations
The FDA classifies tanning beds as Class II medical devices, subject to specific performance standards, including limits on UV emission and required warning labels.
Failure to comply with any of these laws can support a finding of negligence or negligence per se in a personal injury lawsuit.
Damages Available in Tanning Bed Burn Cases
Victims of tanning bed burns may be entitled to recover compensation for:
- Medical expenses (emergency treatment, wound care, skin grafts)
- Future dermatological treatment or scar revision
- Lost income or diminished earning capacity
- Pain and suffering
- Emotional distress or trauma
- Disfigurement or permanent scarring
- Loss of enjoyment of life
In cases of willful misconduct or egregious safety violations, punitive damages may also be awarded to punish the responsible party and deter similar conduct.
Statute of Limitations
In California, the statute of limitations for personal injury cases is generally two years from the date of the injury. However, the clock may be extended in certain situations, such as if the victim is a minor or if the injury was not immediately apparent.
It’s important to act quickly to preserve evidence and meet legal deadlines.
Proving a Tanning Bed Burn Claim
To succeed in a tanning bed burn lawsuit, the plaintiff typically must show:
- The salon, employee, or manufacturer owed a duty of care
- That duty was breached (e.g., improper machine settings or lack of warning)
- The breach caused the burn or injury
- The victim suffered damages as a result
Strong evidence may include:
- Medical records documenting the burn and treatment
- Photos of the injuries
- Witness statements or employee testimony
- Tanning salon records or client intake forms
- Expert analysis of the equipment involved
Importance of Legal Representation
Tanning bed burn claims can be challenging, especially when going up against businesses or large manufacturers. An experienced California personal injury attorney can:
- Evaluate the strength of your case
- Collect evidence and consult with medical experts
- Determine which laws and regulations apply
- File claims against all responsible parties
- Negotiate a settlement or take the case to trial
Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing upfront and only owe fees if you recover compensation.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
