Taken to court over perm

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NewbieHairdresser

Pampered2017
Joined
Oct 2, 2018
Messages
11
Reaction score
6
Location
Gloucester
Hello everyone.
I've never posted in the sort of thing.

So last Year i gave a client a perm. She is going to be taking me to court about it (judging by these letters that I have received)

The client refused patch tests and signed waiver forms, she had previous hair trestments in the salon which I work at.
She said she was happy with her service, paid and left.

3 days later she messaged me and the salon complaining, stating that I had burned her skin and he hair had fallen out so she had shaved it off.
So now as a result of this shes taking me to court.

I tried my insurance company for and unfortunately my insurance had completely ran out, with out me realising and they wont help me at all (which of course i do understand)


I dont know if she will win or what. This has been going on for a year and I'm absolutely terrified. I just wondered if anyone can shed any light.
I dont need to be called silly or stuoid because I know this already.

Thanks everyone xx
 
Do you have copies of the signed waiver, and client record cards? If so then you have done as much as possible to warn your client of any possible issues and have proof that they were advised. At this point I believe the responsibilty becomes shared and it's not all down to you.

I'm sure it's a scary position to be in, but you have taken as many steps as possible (maybe in future refuse the treatment if they refuse patch testing) but that's a lesson learned for the future.

What is she taking you to court for? A refund? Damages?

Most people threaten court action to intimidate and cause fear so they can pressure people into paying 'compensation' - most don't actually end up in court. A court proceeding will look at the facts with no emotional involvement and decide who is at fault. This can be a reassuring thing as it's all to easy to end up emotionally involved and too close to the situation to see it clearly - so an impartial view can be helpful.
 
Yes I have all copies of waivers, she signed 2 and I have witness statements saying this as well.
She's saying damages to hair and skin.
I have as a result of this hung up my perming rods.

You have made me feel better with this response. Thank you.
 
Did she come in to show you the evidence of scalp burns? Do you have photographic evidence? I’m not sure why she needed to shave her hair off as if hair was damaged you should have been given the opportunity to see it, assess it and treat it as necessary. Shaving off seems very drastic and I’m not sure what was achieved by that. Saying that it was her choice to do that and will have grown back by now. If there was permanant damage from burns, new hair would not grow over scar tissue soma trichologist would need to assess this in order for a judge to make a decision on if you were negligent in anyway.
It seems like she is trying to intimidate you. Did you ask her to come in so you can look at her complaint and try to resolve it?
See what happens and if you actually get a court summons. It will cost her money to do this with no guarantee of success if you complied with manufactures instructions and offered to put right the damage and I’m sure she would have done it by now!
If she shaved hair off before giving you a chance to assess any damage then I don’t think she will have a leg to stand on.
In all honesty, I’m sure after doing the perm you would have been aware of scalp burns as it would have been very uncomfortable for her in the salon? Do you think you damaged the hair? If yes then I would refund but if you know it was fine when she left and you weren’t given an opportunity afterwards to see it then there is nothing to prove she is not making it up.
 
No chance given to us what so ever to offer any treatments or refunds. She sent pictures of the hand full of hair she had (she was practically bold prior to treatment as she is quite unique with her sense of fashion)

The messages we received was 'i want my money back and I want you to pay for my weave that i will by' followed by 'you will be hearing from my solicitor.' We think shes just after money and as you said trying to intimidated me as I am a young hairdresser.
She sent me a picture of her head and you cannot see any skin damage what so ever, not even skin discoloration.

I will be awaiting a court summons to come as I feel shes very adamant to get what she can out of me.
Thank you for the response.
 
Why are you using waiver forms?
In the U.K., they actually serve to protect the client because it is evidence that you (as the qualified professional) knew that without a patch test, there is always a risk of harm. They do not protect the hairdresser at all, so please stop using them.
Not having current insurance doesn’t help your situation either!

However, despite being reckless, I think you have been lucky this time around because she’s obviously playing you. If she had a genuine case, you would have received a court summons much sooner and she would have had to divulge her evidence.

If she had suffered serious scalp burns, it would have been fairly immediate and you would have been aware of this when drying her hair.
To succeed in court, she has to prove that your negligence led to her suffering permanent harm and that’s extemely difficult to prove without extensive medical evidence obtained at the time. This is crucial because even if she can prove that she has suffered scalp burns, she has to prove that your actions caused them. Unless she went to A&E immediately and has a report from them, anything else is circumstantial.

RIP up your waiver forms and note in your diary when your insurance needs renewing so that you don’t get yourself stuck in such a pickle next time.
 
I did not know this about waiver forms, I now know for future treatments.

From what I have been told by her messages when this first started and the letters she went ahead, shaved the hair off and then startedthis case.

Thank you for your response.
 
Just re-read my post and it comes across quite harshly. My apologies, as I was rushing for lunch. x
 
Just re-read my post and it comes across quite harshly. My apologies, as I was rushing for lunch. x
No, honestly it's fine. It was to the point. I'm so worried about all of it I'm glad. And you've taught me something thank you xx
 

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