Beauty Treatment and Hairdresser Compensation Claims

Not all professionals working within the beauty industry are required to be regulated or medically trained, particularly those that offer non-surgical cosmetic treatments.  This lack of regulation can leave you vulnerable to inexperienced or untrained staff.

Despite the lack of regulation, the UK Department of Health is one organisation which does advise on the conduct of those in the beauty industry, particularly with reference to the use of chemicals.  The use of chemicals is one of the most common causes of injuries in this sector and failure to follow the guidelines for proper use can lead to severe injuries for the client concerned.

Wax treatments are an important part of thousands of people’s beauty routines, however they can also lead to serious injuries in the following ways:

• An allergic reaction to either the wax being used or the preparation/aftercare products
• Overheating the wax or using it incorrectly can lead to burning of the skin, rashes or blisters
• A lack of sterilisation of equipment can lead to infection.

Laser treatments can be used for removal or altering the appearance of birth marks, tattoos, veins or excess hair.  Due to the nature of the procedure and the intensity of the treatment, when performed incorrectly, laser treatments can lead to a variety of injuries, including burns, skin discolouration or scarring.

Creativity in nail design has grown in recent years, as has the range of products that can be used to achieve certain looks.  These can have consequences however, and we have seen cases that have led to a claim as a result of:

• Allergic reaction to products being used for gel, shellac or acrylic nails
• Damage caused to the nail due to excessive filing or incorrect use of the filing equipment
• Fungal infections due to a lack of sterilised equipment.

Going to the hairdressers should be a time to relax and be full of excitement about your new look.  With so many different options for hair styles and colours, the world is our oyster, however this can also result in an increased risk of incidents happening, such as:

• A lack of patch testing leading to an allergic reaction to the hair dye or styling products being used
• A reaction to the equipment, dye or products leadings to alopecia or total loss of hair
• Scalp irritation caused by the dye or products
• Incorrect use of the equipment leading to cuts, scarring or burns.

The use of treatments increases year on year to help us achieve a flawless look and maintain youthful features, however due to the sometimes invasive or intense chemicals and treatments involved, these procedures can go wrong when not carried out correctly, for example:

• Lip fillers can lead to swelling, bruising, itching or an allergic reaction
• Botox injections can lead to an allergic reaction or disfigurement if performed incorrectly
• Chemical peels can lead to scarring and infection
• Incorrect use of semi-permanent make up can also cause burns, rashes or infections
• Injuries caused to the eye from lash or brow tinting and extensions, including allergic reactions to the chemicals used in the glue or dye which can cause rashes and swelling.

Having a tattoo is a dramatic change to your appearance and will be a personal experience to you.  Unfortunately, this procedure can go wrong, particularly if the tattoo artist is inadequately trained, fails to enquire as to your medical background or uses unsterilised equipment.  These issues can in turn lead to allergic reactions, infections or even scarring and burns.

When you are attending a new beauty salon or having a new treatment, your beautician should ensure that you have a patch test 24 hours before your appointment.  Your skin is your largest organ and it is also the most sensitive.  A patch test will be done on a small, invisible part of your body to test your skin and ensure that you do not have an allergic reaction to the products that your beautician will be using.

Whilst there are limited regulations for the beauty industry, there are a number of laws that govern how professionals should conduct themselves and protect their clients.  Both the Sales of Goods and Services Act 1982 and the Health and Safety at Work Act 1974 require providers of goods and services and owners of beauty industry businesses to ensure that all services are carried out with reasonable skill and care.

If this has not been the case and you have been injured as a result of the service you have received then you may be able to claim compensation.

If you have been injured following a beauty treatment which was caused by the negligence of the provider, then you may be able to bring a claim for compensation.  The amount of compensation that may be due to you will be determined by several factors including the severity of the injury and the impact it has had on your day to day life. 

We understand that no matter the severity of your injury, you will have been impacted emotionally, physically and also financially if you have had to take time off work and consequently suffered from a loss of income.  This is why we are here to help.

The key to success with a claim of this nature is evidence:

• When the incident occurs, ensure that you keep photographic evidence, makes notes about the salon environment, what caused the incident and any subsequent issues that arise. 
• If you have details of the booking and the terms and conditions these will be useful, as they will detail the business protocol in client care as well as give more specific details on requirements for patch tests, for example.
• Keep receipts for the treatment
• Keep a record of the date, time and name of the individual who conducted your treatment.
• Report the incident to the management of the establishment as soon as possible and keep a record of their response.
• Make an appointment to see your GP if a hospital visit was not required at the time of the injury.  These medical records will be important when processing your claim and attempting to prove liability.
• In addition to keeping records from the beauty salon, ensure you keep records of any other expenses that arise, for example, private medical care, expenses to attend medical appointments, time off work and subsequent loss of earnings.

Another important fact to remember is that you have three years from the date of sustaining the injury to bring a claim, so make sure you call us as soon as possible to discuss your situation.

The amount of compensation you are likely to receive will rely on several factors and it is difficult to advise on this without speaking to you. The injuries that you have sustained and the impact they have had on your life will be unique to you and we will discuss the likelihood of success and the potential compensation figure with you during your initial free discussion with us.

Your potential claim for damages is made up of two components:

• General damages which relate to the physical injury, such as the pain caused at the time of the injury, ongoing health issues and emotional concerns.
• Special damages which relate to the financial losses incurred including, but not limited to, loss of income or earning potential, medical fees and expenses, care  and assistance, rehabilitation costs and prescriptions.