Maybe that eyelash tint was supposed to be a little treat. Or you had an important event coming up and wanted to look your best. If the procedure is performed incorrectly, it can be more than a big day ruined. You could be left scarred and traumatised. If a beauty salon injured you, this guide explains beauty treatment claims for personal injury compensation.
What You Need To Know
- Registered beauty therapists and salon staff have a duty of care to reasonably protect you from being harmed while using their services.
- If they fail to do this, you could be compensated for the physical harm, psychological distress and financial damage the injuries cause.
- A 3-year time limit applies for personal injury claims to be started. However, there can be alterations to this standard restriction, so it’s worth checking.
- Simple evidence that shows how negligent actions on the part of the beauty salon caused your injury can support a claim.
- Eligible claimants could finance their legal representation with our solicitors. They offer a No Win No Fee type of contract, which removes any need for upfront legal costs.
We cover these points in more detail below and encourage you to get in touch if you have any questions. You can also have a free assessment of your compensation claim right now by:
- Ringing our friendly advisors on 0800 073 8801
- Starting a claim online.
- Asking the dialogue box below anything about beauty treatment claims.
Frequently Asked Questions
- Can I Make A Beauty Treatment Claim?
- How Much Compensation Could I Get For A Beauty Treatment Gone Wrong?
- How Long Will I Have To Claim For A Botched Beauty Treatment?
- Examples Of Cosmetic Or Beauty Treatment Claims
- What Evidence Will I Need To Prove My Claim?
- How Accident Claims Can Help
- More Information
Can I Make A Beauty Treatment Claim?
You could be eligible to make a beauty treatment claim for compensation if you can prove the following three points:
- You were owed a duty of care by the salon at the moment of injury.
- They breached their obligation to you.
- You have evidence of injuries because of this.
With all three points in place, you could have grounds to seek damages. This applies to independent registered beauty therapists as well as salons and larger beauty chain stores.
Any business that provides a service to the public is expected to comply with the Occupiers’ Liability Act 1957. This legislation requires them to implement whatever reasonable steps are needed to keep the public safe from harm whilst on their premises or using their services.
In addition to this, the beauty industry is subject to laws such as the Cosmetics Products (Safety) Regulations 2004 and the Supply of Goods and Service Act 1982, which safeguards your right to receive services as described. There are also key messages for beauticians safe practices regarding chemicals which you can read in detail in a link below.
Can I Claim Even If I Signed A Waiver?
Certain beauty procedures on the hair or skin can carry an inherent risk of an allergic reaction, so a salon might ask you to sign a waiver before carrying out the treatment. This is designed to clearly notify you of any potential risks before going ahead. Importantly, a waiver does not release the salon from its duty to apply a reasonable standard of care and you could still have grounds to claim if you were harmed.
What If I Had A Patch Test?
In a similar way, beauty salons should recommend a skin patch test be carried out when using a product such as hair dye or hair removal creams. This allows the customer to see if any allergic reactions are present before going ahead with the full treatment. Failure by the salon to carry out a patch test could most certainly be grounds for claiming compensation if you suffered adverse effects from the treatment.
How Much Compensation Could I Claim For Beauty Treatment?
To value the compensation for a beauty treatment claim, those involved will often use medical records to establish the extent and severity of harm. They may then refer to the Judicial College Guidelines (JCG). Publications like this offer compensation amounts for a wide cross-section of injuries. They are taken from cases in England and Wales that were successful in the past but are only intended to be guidelines.
All claims differ according to circumstance, but to help illustrate, we have put together a table from the Judicial College Guidelines below. Please be aware that the first line is not from this source:
Compensation Guidelines
AREA OF HARM HOW SEVERE? COMPENSATION GUIDELINES NOTES
More than one type of harm and Special Damages Severe Up to £500,000 plus Instances of severe multiple injuries and Special Damages amounts for private corrective care and loss of earnings.
Facial Disfigurement (a) Very Severe Scarring £36,340 going up to £118,790 Very disfiguring scarring and severe psychological reaction in a young person (teens to under 30).
(b) Less Severe £21,920 going up to £59,090 Substantial disfigurement and a psychological reaction that is considered significant.
(c) Significant £11,120 going up to £36,720 Cases where plastic surgery reduces the worst effects and where an initially severe psychological reaction lessens over time.
(d) Less Significant £4,820 going up to £16,770 One scar or several smaller ones that mar the appearance but not affect it alongside a typical level of psychological reaction.
(e) Trivial £2,080 going up to £4,310 Minor effects only.
Scarring to other parts of the body Noticeable lacerations or single disfiguring scar. £9,560 going up to £27,740 Effecting the legs, arms, back, chest or hands.
Skin Conditions/Dermatitis (a) Both Hands £16,770 going up to £23,430 Cases of cracked or sore skin that impacts normal function.
Hair (a) Serious £8,960 going up to £13,450 Instances where defective tinting or waving has caused scalp burns and hair loss, giving rise to distress and embarrassment.
(b) Less Serious £4,820 going up to £8,960 Cases similar to above where patches of baldness form and regrowth takes time.
How Is Compensation For Beauty Treatments Calculated?
Beauty treatment claims that are successful can result in compensation that covers two areas called general and special damages. The physical and psychological suffering is dealt with under general damages. It can also cover long-term injury or significant impact on the person’s quality of life, for example, the anguish of permanently losing their hair.
In addition to this, special damages can cover the financial harm caused by the injuries. To include this in your claim, you will need documented proof of any associated out-of-pocket losses. For example:
- Proof of any private medical treatments you needed.
- Payslips or statements that show a loss of earnings after the injury.
- Evidence of amounts paid to others who had to care for you.
- Tickets and receipts for essential travel.
- The receipts or invoices for any major changes needed at home to deal with a new disability.
- Any documents that prove predicted future costs, such as counselling or scar treatments.
Together, general and special damages can present a full picture of the compensation owed to you. Our solicitors have been helping claimants accurately calculate these two heads of loss for decades. So rather than attempt beauty treatment claims alone, why not call to see if they could help you?
How Long Will I Have To Claim For A Botched Beauty Treatment?
As mentioned in our introduction, there is a 3-year time limit to personal injury claims. This typically starts from the date of the injury itself. However, it can also begin from a ‘date of knowledge’, which is any point at which it was reasonable to suspect that negligent actions had caused you harm. For example, a hair dye may take several days or weeks to damage the skin or cause a type of sickness that presents itself some months later.
The time limits for two groups are dealt with differently according to the Limitation Act 1980:
- Because a minor cannot launch a claim independently, they are allowed 3 years from the date of their 18th birthday to do so.
- A person without sufficient mental capacity is not bound by a time limit unless and until their mental capacity returns. They are then given 3 years from this recovery date to claim independently.
- If a claim needs to be started immediately for these two groups, the courts can appoint a family member or other involved party to act as a litigation friend. They carry out the tasks of the claim on their behalf.
If you’re unsure whether your compensation claim could still apply, get in touch. Our advisors will explain time limits and answer any other questions you may have about your beauty treatment negligence claim.
Examples Of Cosmetic Or Beauty Treatment Claims
There are numerous examples of how poor standards in a beauty salon might cause injury and form grounds for potential beauty treatment claims. We explore some of the most common ways next and provide an example:
Cosmetic Surgery Gone Wrong
Cosmetic surgery that involves any cutting of the skin or insertion of products should always take place in a clinical or hospital environment. However, beauty salons may offer limited services such as Botox injections, chemical face peels, microdermabrasion or lip and derma-filler procedures.
Example – The Botox technician injected the serum into the wrong part of the face. This caused the Botox to spread and cause a drooping eyelid, partial paralysis and lasting nerve damage to the client.
Laser Hair Removal Burns
All beauty salon staff should be correctly trained to use the appliances and devices used on customers.
Example – A beauty salon worker failed to use a laser hair removal device correctly by setting it too high for the customer’s skin. As a result, the customer experienced severe burns, which left scarring on their arms and legs.
Allergic Reaction To Hair Dye
Hair dyes can contain aggressive chemicals like hydrogen peroxide, and a skin patch test should always be used as a safeguard to detect any allergic reactions.
Example – The beauty clinician did not recommend a skin patch test on a regular client. The company changed the ingredients in the dye, and the customer experienced a blistered scalp and permanent hair loss.
Scalp Burns From Hot Tools
Busy beauty salons can have a multitude of heat devices like hairdryers, straightening tongs, heated rollers, facial steamers and treatments that involve heat or paraffin, like hot wax hair removal.
Example – A facial steamer was set too high by a salon worker and the customer suffered a scorched face during the process. Another example might be when a set of straightening tongs were left on in an area where a customer sat on them, sustaining burns to the legs.
Semi-Permanent Make-Up Errors
Many beauty clinics also offer permanent make-up solutions for eyebrows, eyelash tints, temporary tattoos, piercings and henna decorations. A competent professional needs to carry out these treatments on the public in a hygienic and safe way.
Example – Unsterilized equipment was used to tattoo semi-permanent eyebrows and eyelash extensions on a client, and the resulting infection caused significant scarring and loss of eyebrow hair.
Your beauty treatment compensation claim might be based on something else. If you’d like to see whether it’s eligible grounds to seek compensation, speak to our advisors now about beauty treatment claims.
What Evidence Will I Need To Prove My Claim?
You will need proof that shows how the service you received at a beauty salon was sub-standard and that, because of this, you were harmed. The following examples of evidence can help:
- Photos of the injuries you sustained.
- Correspondence with the salon about the matter.
- A copy of any accident book the salon keeps or CCTV footage on the premises.
- Photos of the area where you were treated and the equipment involved.
- The name and job description of the beauty therapist who treated you.
- Contact information for any witnesses to the treatment. If you go ahead with our solicitors, they can get a statement from these people to support your claim.
- Medical reports of your injuries.
- Proof of financial expenses you have incurred after injury.
Our solicitors can help you gather supporting evidence if your beauty treatment injuries claim qualifies. They have the expertise to build the most compelling argument against the beauty salon and ensure that everything is considered when calculating your compensation.
How Accident Claims Can Help
You might know that a solicitor could give your personal injury claim a better chance but have concerns about legal costs. At Accident Claims, our solicitors provide a possible solution to this worry. They can provide their expert services through a type of No Win No Fee contract known as a Conditional Fee Agreement (CFA). This offers many benefits to those seeking compensation through a claim:
- You’re not required to pay upfront solicitor’s fees to start work.
- You won’t be asked for solicitor’s fees as the claim moves forward.
- If the claim fails, you won’t have to pay for any completed solicitor’s services.
- If your beauty treatment claim is successful, you need to pay the solicitor a small percentage of the compensation.
- This is called a ‘success fee’ and is fixed by law. Ensuring that you get almost all of the compensation awarded to you.
Funding a solicitor this way provides you with expert legal representation without the worry of costs. You get regular updates on the claim, all correspondence is dealt with, and an accurate compensation amount is calculated for you. Get in touch now to see if our solicitors could guide your beauty treatment claim:
Contact Our Solicitors
- Ring our friendly advisors on 0800 073 8801
- Start a claim online.
- Ask the dialogue box below anything about beauty treatment claims.
More Information
Alongside the information in this guide on beauty treatment claims, these other resources might prove useful to you:
- This guide looks at claims for severe laser hair removal burns in more detail.
- Here we discuss claims for a botched eyebrow tint.
- In addition to this, read about serious injury claims.
Outside guidance and help:
- Read about the Government guidelines for hairdresser registration.
- Here is an NHS guide on cosmetic procedures.
- Also, you can read important information for beauticians from the Health and Safety Executive (HSE) regarding chemical use.
In conclusion, thank you for taking the time to read our guide on beauty treatment claims. Our friendly advisors are available now to answer any questions you might have. They could also connect you with our expert personal injury solicitors to start a claim today.