No liability insurance

#1
I really need some help please... And would appreciate No judgment, basically a client who’s hair I’ve done three times
In October
1/a highlights and toner to rectify a an alleged hair colour done at salon
On November
2/ to rectify a home dye gone orange I done balayage we discussed perms I advised her to condition her hair and done strand test
In December d3/ done perm it didn’t take so I offered refund which she instantly accepted

Had no contact until now, she’s gone to a no win no fee solicitor who has sent a letter to me.
Staying she has had to have hair cut due to perm
My liability insurance has lapsed ( I’ve had a lot of personal problems in last year or so so tbh completely forgot)
Really feel completely out my depth and confidence has gone I’ve been doing this twenty years and never had a problem, any advice would be good right now please
Thankyou
 

Haircutz

Super Moderator
Staff member
#2
If you’ve already refunded her for the perm, why has she sent you a solicitors letter?

Can you edit it to remove personal details and post it on here, rather than your version of it?
I need to see exactly how it is worded before giving you any further advice.

You know this but I’m still going to repeat it. If you’re charging clients to do their hair, you should make it your number one priority to purchase public liability insurance, because then you can pass any letters like this straight on to them to deal with on your behalf.
 

#3
I have attached the letter and claim form PL2
I know I should but as I stated it was a very tough time for me and it simply lapsed I feel very anxious atm hope you can give some advice thankyou for your reply
 

Attachments

wonderwoman

Well-Known Member
#4
Sending you big hugs, it can turn your world upside down when this happens. Your insurance may cover you if the alleged incident was in the cover policy timescale. I would reach out to them and still make sure your covered now- they may help you and you may need to pay more excess but the legal advice is there. It is really upsetting when a clients expectations on a treatment is out of your hands and you cant control the outcome. I know you may be feeling very anxious and hurt at the moment so to be proactive i suggest you;

Please make a log of the events, any before after pictures as evidence (vital these days). Witnesses if available. Get your certificates and show you have followed manufacturers instructions. Any interaction with the client please keep it and write it all down. This is your record card of consultation. Also did she actually complain- because this is where liability to see what you offered and explain why. Do you have policy on refunds returns on treatment/health and safety policy as i would be inclined to know what aftercare advice you gave her for her to not have her perm take.

I know this seems like a lot to take in but we have to cover ourselves these days as it seems the world has gone claims mad and its always clients you don't know wanting something for nothing. Please explain how you follow any protocols you have done for the last 20 odd years, your experience and make a little statement on your personal problems to your insurance company. Also if this is the first claim against you then feel assured that you haven't done anything wrong to knock your confidence. I hope your insurance will be compassionate. Good luck xoxo
 

Haircutz

Super Moderator
Staff member
#5
I Hate these types of shyster law firms.
They’re the ones that give the profession a bad reputation. :mad:

I suspect that they know that you are uninsured and that’s why they are trying it on. It’s clearly an empty threat but they’re banking on the hairdresser being scared enough to agree to pay whatever they ask for, to make them go away. The second page might look official, but it’s their own made up form. It is not an official court document!

A perm not taking is not grounds for suing someone.
Apparently, your ex-client is alleging that something you did on the 14th December 2018 caused her actual physical (long term) harm.

In order to win in court, they need to prove that the client suffered physical harm, (something like a burnt scalp usually) AND on the balance of probabilities, that the harm was definitely caused by something you did.

1. It is for the client to prove the case against you, not for you to disprove it.
The client will need independent medical evidence of the alleged harm, obtained fairly immediately after the event. So something like a letter from her GP, Consultant Dermatologist or A&E saying that in their opinion, the harm is sufficiently severe as to cause pain and suffering.

2. She has to prove that it was YOU that caused the harm.

Please answer the following questions.

Did you do a thorough consultation beforehand and did you write everything down before and after the service?
When you did the perm, did the client complain about any scalp pain or burning sensation?
Did you refund the same day after drying the hair or did she return later asking for a refund?
Was there any evidence of weeping on the scalp?

The fact that you have (hopefully) recorded that she has previously used a box dye might come in handy.
 

Traveller75

Active Member
#6
Staying she has had to have hair cut due to perm
I would assume she is suggesting her hair, rather than her scalp, was damaged. Be interesting to know if there is evidence of the alleged damage pre cut. Might be worthwhile to write down some notes of her recent visits, what she asked for, condition of her hair and scalp, what was said, what you did, advice you gave, etc. just to get a timeline of events while its fresh in your mind.
 

Haircutz

Super Moderator
Staff member
#7
I would assume she is suggesting her hair, rather than her scalp, was damaged. Be interesting to know if there is evidence of the alleged damage pre cut. Might be worthwhile to write down some notes of her recent visits, what she asked for, condition of her hair and scalp, what was said, what you did, advice you gave, etc. just to get a timeline of events while its fresh in your mind.
You can’t sue for hair breaking off as the damage isn’t permanent, unless you left the client almost bald. Even so, the hair will have grown sufficiently by the time the case comes to court.
 

Traveller75

Active Member
#8
You can’t sue for hair breaking off as the damage isn’t permanent, unless you left the client almost bald. Even so, the hair will have grown sufficiently by the time the case comes to court.
I'm confused as to why she made a point of saying she had her hair cut, what's the relevance? Would it make a difference to have shorter hair in the event of scalp damage?
 
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Haircutz

Super Moderator
Staff member
#9
I'm confused as to why she made a point of saying she had her hair cut, what's the relevance? Would it make a difference to have shorter hair in the event of scalp damage?
I think that’s what the OP assumed was the problem, but I knew it couldn’t be that so that’s why I wanted to find out what the letter she’d been sent actually said.

Clearly the client is alleging that the perm caused her physical harm, so I would expect to see medical evidence of a weeping scalp and/or infection from the sores.

The hairdresser would have seen if the scalp was affected when she rinsed off the perm solution.
 

Traveller75

Active Member
#10
I think that’s what the OP assumed was the problem, but I knew it couldn’t be that so that’s why I wanted to find out what the letter she’d been sent actually said.

Clearly the client is alleging that the perm caused her physical harm, so I would expect to see medical evidence of a weeping scalp and/or infection from the sores.

The hairdresser would have seen if the scalp was affected when she rinsed off the perm solution.
Ahh I see! So, it's not possible for the scalp to look ok at the time, but experience say, blistering later on, or would it definitely be apparent that there was an issue when rinsing...sorry for all the questions, I'm a terribly curious person!
 

TheDuchess

Well-Known Member
#11
It's not terribly professional, but I would be tempted not to reply.

If you had insurance cover, your insurer would tell you not to reply and to pass all correspondence to them.

Speaking as a former commercial insurer - I wouldn't bother replying to a letter like this. I'd just wait and see what else turned up. They are hoping that you will admit liability to "something". So don't. They don't have a case - if they did they would have given details.

Hugs
 

#12
I have attached the letter and claim form PL2
I know I should but as I stated it was a very tough time for me and it simply lapsed I feel very anxious atm hope you can give some advice thankyou for your reply
I have attached the letter and claim form PL2
I know I should but as I stated it was a very tough time for me and it simply lapsed I feel very anxious atm hope you can give some advice thankyou for your reply
I have attached the letter and claim form PL2
I know I should but as I stated it was a very tough time for me and it simply lapsed I feel very anxious atm hope you can give some advice thankyou for your reply
I Hate these types of shyster law firms.
They’re the ones that give the profession a bad reputation. :mad:

I suspect that they know that you are uninsured and that’s why they are trying it on. It’s clearly an empty threat but they’re banking on the hairdresser being scared enough to agree to pay whatever they ask for, to make them go away. The second page might look official, but it’s their own made up form. It is not an official court document!

A perm not taking is not grounds for suing someone.
Apparently, your ex-client is alleging that something you did on the 14th December 2018 caused her actual physical (long term) harm.

In order to win in court, they need to prove that the client suffered physical harm, (something like a burnt scalp usually) AND on the balance of probabilities, that the harm was definitely caused by something you did.

1. It is for the client to prove the case against you, not for you to disprove it.
The client will need independent medical evidence of the alleged harm, obtained fairly immediately after the event. So something like a letter from her GP, Consultant Dermatologist or A&E saying that in their opinion, the harm is sufficiently severe as to cause pain and suffering.

2. She has to prove that it was YOU that caused the harm.

Please answer the following questions.

Did you do a thorough consultation beforehand and did you write everything down before and after the service?
When you did the perm, did the client complain about any scalp pain or burning sensation?
Did you refund the same day after drying the hair or did she return later asking for a refund?
Was there any evidence of weeping on the scalp?

The fact that you have (hopefully) recorded that she has previously used a box dye might come in handy.
Hi basically there was definitely NO harm done to her scalp at any time,
 

#13
Hi basically there was definitely NO harm done to her scalp at any time,
And on the form it said
"Subject to supporting evidence, the claimant has lost approximately 12 inches of hair due to severe breakage and damage" well she I don't feel the breakage would've been that much, and there's no photo, also it states
"No patch or strand test was carried out, well I did this on a previous appointment a elasticity test, which I have logged, and I have all text messages where she states she has dyed her own hair so I have rectified it for her, so between the elasticity test and perming she may have even put another home colour onto it.
 

Haircutz

Super Moderator
Staff member
#14
And on the form it said
"Subject to supporting evidence, the claimant has lost approximately 12 inches of hair due to severe breakage and damage"

There’s no court that will award damages for breakage to hair as hair grows and she’s not a high profile celebrity. It has to be physical pain type harm or bald patches on the scalp that are permanent such as those caused by traction alopecia when fitting too tight hair extensions.

"No patch or strand test was carried out,”
Perming doesn’t require a patch test. :rolleyes:
You have your notes to show that the client regularly uses box dyes so if she did suffer harm, it’s more likely to be caused by an untrained diy-er than a trained professional using professional brand products.
It’s a vexatious claim in my opinion and I think you should just ignore it.
If she gets in contact, just block and ignore her or tell her you’ll see her in court. Definitely don’t get into any discussions with her at all.
The solicitors are banking on causing you distress so that you’ll agree an ‘out of court settlement’ knowing full well they have no real case to present. :mad:
 

#15
I would assume she is suggesting her hair, rather than her scalp, was damaged. Be interesting to know if there is evidence of the alleged damage pre cut. Might be worthwhile to write down some notes of her recent visits, what she asked for, condition of her hair and scalp, what was said, what you did, advice you gave, etc. just to get a timeline of events while its fresh in your mind.
Yes I've written down a step by step account a timeline of event s appointments etc, exactly what I did, and said to her, also have text messages stating ah had damaged her hair by applying home bleach and colours .
 

#16
It's not terribly professional, but I would be tempted not to reply.

If you had insurance cover, your insurer would tell you not to reply and to pass all correspondence to them.

Speaking as a former commercial insurer - I wouldn't bother replying to a letter like this. I'd just wait and see what else turned up. They are hoping that you will admit liability to "something". So don't. They don't have a case - if they did they would have given details.

Hugs
The details thay have given are as per letter, that she had hair cut due to damage of hair, but that's it. I'm waiting to see if another letter turns up, just feel sick to the stomach and very anxious, to point of not wanting to take any new clients on
 

#17
You have your notes to show that the client regularly uses box dyes so if she did suffer harm, it’s more likely to be caused by an untrained diy-er than a trained professional using professional brand products.
It’s a vexatious claim in my opinion and I think you should just ignore it.
If she gets in contact, just block and ignore her or tell her you’ll see her in court. Definitely don’t get into any discussions with her at all.
The solicitors are banking on causing you distress so that you’ll agree an ‘out of court settlement’ knowing full well they have no real case to present. :mad:
I hope so, that's exactly what I said, it show they don't know what they are talking about to stipulate , a patch test wasn't done. Thankyou you are all making me feel a bit better
 

Traveller75

Active Member
#18
"Subject to supporting evidence, the claimant has lost approximately 12 inches of hair due to severe breakage and damage"
So they have no evidence yet? What are they waiting on? A witness statement from the hairdresser that cut her hair.......verifying that they cut her hair?

They might put pressure on you to respond, but they've already peaked in terms of threats. Court or nowhere are the only places it can go. And if they can't get any evidence together 3 months after the fact, it's not going to get any easier with the passage of time. Her hair just keeps on growing.....
 

piersstanaway

Active Member
#19
How aweful for you. She should be named and shamed to prevent other hairdressers going through the same ordeal.
I bet she was a real trash bag with box dye then a perm .
[deleted misogynistic comment]
Dont worry nothing will come of it !
 
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#20
How aweful for you. She should be named and shamed to prevent other hairdressers going through the same ordeal.
I bet she was a real trash bag with box dye then a perm .
[deleted misogynistic comment]
Dont worry nothing will come of it !
Haha well at least you made me laugh ,haven't done much of that the last week
 
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