A common claim against beauty shops involves scalp burns.
West Bend Claim Examples:
BEAUTY SHOPS
In one case, the customer alleged that color was left in her hair too long; the color had dried to her scalp. She realized the next day that her scalp was burned, and it became infected. She had to take prescription medication and missed a week of work.
Her claim was settled for $2,500.
In a similar case, the stylist exceeded the recommended time for the color to be on the customer’s head, and placed it under a hair dryer when the manufacturer’s instructions stated heat should not be used. The scalp burn led to an infection that caused permanent hair loss. Medical bills to treat the infection and for hair replacement amounted to almost $10,000. The claim was settled for about $20,000. Legal fees amounted to $8,000.
Sometimes the contention is that the stylist didn’t conduct a patch test, as recommended by the manufacturer.
Medical bills to treat an infection and hair replacement.
$10,000
Legal fees
$8,000
Claim eventually settled after going to suit.
$20,000
Trip and fall incidents often happen right inside the door, especially if it’s been raining or snowing. One case involved the first customer of the day, whose shoes were wet. The customer slipped and fractured her kneecap, resulting in medical bills over $25,000. The initial settlement demand was $150,000. The claim was settled for $40,000 after almost $15,000 in defense costs were incurred.
In another case, a shop employee cleaned the tile in the entry and posted a wet floor sign. The customer fell after taking her first step inside the door, saying she didn’t see the sign. She suffered a serious shoulder injury, and medical bills and lost wages amounted to almost $50,000. The primary contention was that the floor shouldn't have been cleaned until the end of the day when there was no chance customers could slip and get hurt. The case was settled for more than $100,000, after more than $25,000 in defense costs were incurred.
Trip and falls
Another claim involved a fall down steps just past the reception desk, that were clearly marked. The customer's attorney tried to place blame on inadequate lighting, and that the receptionist’s friendly greeting distracted the customer. No loss payment was made but, as always, substantial legal fees for the salon owner were incurred.
Falls also occur when customers trip over things inside the shop. A 77-year-old customer tripped over a foot rest and fractured her shoulder. The foot rest was open and obvious to her, but she argued the stylist should have warned her to watch her step. Due to medical bills and anticipated legal expense, the claim was settled for $12,000.
