Is it possible to claim compensation for allergic reaction to a beauty treatment in a hair salon? I suffered a severe allergic reaction and had to go to hospital for treatment.
It is possible to claim compensation for allergic reaction to a beauty treatment provided the person performing the treatment was negligent and there was a failure in a duty of care. A duty of care is a legal responsibility placed on an individual which demands that a reasonable standard of care is provided. This duty of care covers the salon premises – which must be kept free from hazards which could cause an injury – and also the treatments offered. Staff must receive appropriate training and be competent to perform treatments which carry a risk to a customer. The duty of care demands that the salon manager takes all reasonable actions to ensure that customers do not sustain an injury
A breach in a duty of care will only have occurred if an injury to a customer was reasonably foreseeable and preventable under the circumstances. It should be assumed by the staff that all customers may have an allergic reaction to hair dye or other beauty products, so each must be asked about any known allergies before a treatment is performed.
It is also important that a skin patch test is completed before a treatment is commenced to help prevent severe reactions to beauty products used in the salon. While a patch test does not need to be performed for every product used, tints, colours and adhesives are all known to cause allergic reactions, and this test must be offered to customers and the reason why it is necessary should be explained.
To prevent a reaction to eyelash tint or an allergic reaction to hair dye, a skin patch test should be performed 24-48 hours prior to the treatment being provided. If a customer rejects the skin patch test, beauty salon claims for allergic reactions are unlikely to be successful. Although a duty of care is owed to customers, ultimately it is the decision of the customer whether to take appropriate actions to reduce the risk of injury. When a skin patch test has been offered and it is rejected, severe reactions to beauty products are likely to be considered to be the fault of the customer for failing to take appropriate precautions (unless the risks were not explained adequately).
If you had a reaction to adhesive from eyelash extensions, an allergic reaction to eyelash tint, hair colour or other beauty products you must ensure medical attention is sought promptly. Allergic reactions can lead to serious health complications and it is important that you receive the appropriate treatment quickly. If medical attention is not sought promptly, the right to make a personal injury claim may be lost.
It is not possible to tell if you are entitled to claim compensation for allergic reaction to a beauty treatment without further information on the circumstances surrounding the treatment that was performed, and it is therefore advisable to speak to a personal injury solicitor about your case to find out if beauty salon claims for allergic reactions can be made under the circumstances.