The customer of a beauty salon or barber shop in New York would not want to sue a hairdresser for a botched haircut or styling job. A person who does not like their hair after they visit a salon or shop may feel very distressed, but generally, the dissatisfaction is fleeting. Their hair will grow back, and they can change their style.
However, if faulty treatment at a salon or shop causes physical injury paired with emotional distress and resulting economic losses, e.g., for medical treatment and lost wages, then they might have cause for a personal injury lawsuit in New York.
Salons and shops are subject to regulation, and owners and operators owe their customers a duty of care. This requires them to observe industry standards as well as ordinary precautions to ensure that their customers are treated in a way that is safe and clean. A New York lawyer would be able to provide more information.
What Duty Does a Beauty Salon Owe Its Customers?
Beauty salons and barber shops are subject to regulation by a number of entities. New York state laws, industry guidelines, and professional standards all apply to the work of the owners and operators of beauty salons and barber shops.
Salons and shops are required to maintain high standards of cleanliness, use sterilized tools, and employ trained professionals who know how to handle their tools and the chemicals they use. An owner or operator should seek a legal consultation for guidance if they have questions about their operations.
All so-called “appearance enhancement service professionals” and shops, salons, and spas must have a license in order to operate legally in New York. These professionals include practitioners of cosmetology, esthetics, nail specialties, natural hair styling, waxing, and barbering.
The consumer should look to see if a business license is on display as required by New York law at the entrance or reception area of an establishment where the licensed activities are performed. Each operator in an establishment must exhibit an appearance enhancement license with a photograph.
Industry standards from professional organizations such as the Professional Beauty Association also define appropriate care. They address such topics as the handling of chemicals and protocols for maintaining client safety. If a salon fails to meet these standards and causes harm as a result, it may be considered negligence.
For example, if a beautician or barber does not conduct an allergy test before applying a chemical treatment that causes an allergic reaction, they could be liable for negligence.
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Are There Remedies for Salon and Negligence Injuries?
One remedy available in New York is to file a complaint with the New York Department of State, which is the licensing authority in New York that regulates appearance enhancement service professionals. Among the grounds for complaint are the following:
- Gross negligence
- Incompetence
- Inadequate lighting, lack of hot and cold running water and other unsafe and unhealthy conditions
- Unsanitary practices in businesses and schools of barbering, cosmetology, and electrology
- Unlicensed practice of barbering, cosmetology, and electrology
- Misrepresentation or false advertising of services.
If an individual wants the New York Department of State to be able to fully investigate a complaint, they need to include the following information:
- The name and address of the establishment
- The name and license number of the operator
- Details of the incident about which the individual is complaining
- Evidence including photographs, medical records, and receipt for services
Complaints of unsanitary conditions should include the following:
- The name and address of the establishment
- A detailed description of the unsanitary condition at the salon or school
- The station at which the individual observed many violations.
Complaints of unlicensed activity should include the following:
- The name and address of the establishment
- The name of the unlicensed operator and the days of the week and times at which the unlicensed operator served customers.
Complaints of misrepresentation or false advertising should report the name and address of the establishment and a detailed description of the claimed misrepresentation or false statements that were made.
Under New York personal injury laws, an individual who is victimized by a beauty salon or barber shop may also file a lawsuit in a New York civil court alleging negligence. To succeed, they would have to show that the operator had a duty that it breached which caused damage and resulting economic and non-economic losses. The breach consists of a shop or salon failing to fulfill its duty of care. For example, it might use expired products or unsterilized equipment that injure a client.
A victim must prove that the salon’s negligent actions were the direct cause of harm to them and that the harm was foreseeable. For example, a stylist may neglect safety checks of a hair product that ends up causing chemical burns to the client.
In order to sue a hairdresser, a victim must also prove their losses, such as the cost of treatment for physical injuries and lost wages due to an inability to work. A person may also recover compensation for such non-economic losses. as pain and suffering.
Pain and suffering damages may also be awarded to compensate a victim for pain related to their physical injury and emotional distress as well. The amount would be different in different cases and based on factors such as the severity of the injury and its impact on the victim’s life. Again, a person does not sue a beautician because the beautician cut their bangs too short. They sue because they suffered a significant injury, e.g., chemical burns to their scalp.
Presenting a potentially successful case depends on the quality of the evidence that a victim can offer to prove their case. So, from the time the injury occurs, a victim wants to document their injuries. For example, they may want to take pictures of their damaged hair or scalp conditions.
Medical records are critical for proving the connection between the salon’s negligence and the victim’s injuries. Victims want to be sure to seek immediate medical attention if they are injured, and ask all those who provide treatment to document the nature and cause of the injuries. Medical evaluations detailing treatment plans and the prognosis for recovery are also helpful to a case.
Witness statements from other clients or salon employees can support the victim’s account and provide valuable information about the business’s operations. Communication with the salon, such as emails or messages connected with the incident, may be evidence and should be kept.
In rare cases, punitive damages may be pursued to punish actions that are especially reprehensible and to deter similar actions by others in the future. However, it is challenging to win an award of punitive damages. It usually requires proof of willful or malicious conduct.
What Defenses Does a Barber or Hairdresser Have?
A barber or hairdresser is likely to argue that they met the standard of care they owed a customer and did everything they were obligated to do. They might argue that the manufacturer of a product they used shares liability for a defect in their product.
A victim might claim strict product liability for injury caused to them by a chemical product. In a case of strict product liability, the manufacturer of a defective product might share liability with the salon or barber shop.
Do I Need an Attorney for Help With Barber or Hairdresser Issues?
If you have suffered a significant injury at the hands of your beautician or barber, you want to talk to a New York personal injury attorney. LegalMatch.com can connect you to an attorney who can review your case and tell you whether you have a real case. They can negotiate with the salon or shop for a settlement and, if that is not possible, guide you through the legal process of filing a lawsuit.
