The beauty treatment industry has experienced massive growth in recent years with an annual turnover of over £6 billion in the UK alone but with it comes an increasing number of beauty treatment claims in relation to negligence.
When a beauty treatment goes wrong and the client is injured or impacted in some way the first port of call is the qualifications and experience of the therapist. The best approach is of course to check the qualifications and experience of the person performing the beauty treatment beforehand but in reality clients assume the therapist knows what they’re doing and simply don’t expect to be injured from what may be regarded as a straightforward procedure.
While the situation is improving towards regulating beauty therapists, beauty treatment establishments and businesses, you could argue that the authorities have been caught out by the massive rise in beauty treatments. While improvements have been made, there is a general feeling that the regulations are not as tight as they should be. So, what should you do if you experience a botched beauty treatment or you are injured in some shape or form?
Common Beauty Treatment Claims
Before we look at the more common beauty treatment claims it is worth noting that many of these claims involve chemicals and materials such as Botox compensation claims. These are substances which should only be applied by qualified personnel and even then just because they are qualified does not mean they are necessarily experienced enough. Those who attend beauty treatment salons are obviously placing their full trust in the beauty therapist and their ability to use the many chemical products in a safe manner.
Some of the more common beauty therapy claims include:
- Damaged hair or scalp due to dyeing and issues with equipment.
- Burns caused by laser treatments.
- Waxing injuries caused by bleaching or burns.
- Allergic reactions to various chemicals.
- Tanning injuries.
- Chemical Burns.
- Eyelash and similar treatments which result in eye injuries.
- Spillages and accidents in the salon.
As we touched on above, Botox and similar treatments are becoming more popular resulting in an increasing number of compensation claims. Skin peels is also an area in which the regulators are becoming more concerned because of their obvious delicate nature.
Can You Make A Beauty Treatment Claim?
If you have been injured in any way as a consequence of a treatment where insufficient skill and care was taken by the provider, there is every chance you could be entitled to bring a beauty treatment compensation claim. When involved in such an incident it is vital that a complaint is made straightaway directly to the provider which could be an individual or a beauty salon. This is the best way to ensure that your beauty treatment claim is officially recorded because there have been instances of confusion when injuries have not been reported.
Supporting Evidence Of Beauty Treatment Negligence
Where injuries are sustained as a consequence of beauty treatment negligence the most compelling piece of evidence is often photographs of the effects and injuries sustained. There is nothing stronger than visual evidence especially if the matter does go to court. In line with all beauty treatment compensation claims, you should also make a detailed note of where the incident occurred, time and date, member of staff involved as well as recording who was informed of the injury and their initial comments.
As the use of chemicals in the health and beauty industry continues to grow, so we have also seen an increase in beauty treatment negligence claims as a consequence of allergic reactions. The way to test whether a customer may or may not be allergic to a particular substance is to do what is known as a “patch test”. This effectively involves the member of staff administering a small patch of the substance onto the customer’s skin to see if there is any allergic reaction. If there is a reaction then either a replacement substance will be required or the beauty treatment cannot be completed.
A patch test is an industrywide way of testing for allergies therefore any discomfort caused as a consequence of this test does not make the salon or individual liable for compensation. They are taking due care and attention and you will have agreed to the patch test – an allergy test is vital before any treatment can commence.
Claiming For General And Special Damages
In the event of a bad reaction to a beauty treatment or a botched treatment the claimant may be in line for what are known as general damages and special damages. As a consequence, it is vital that not only are the incident and the details recorded but also any medical treatment or medical advice sought is noted. If any costs were incurred to treat the beauty treatment injury, whether professional medical assistance or the purchase of over-the-counter treatments under medical advice, these will be reimbursed with a successful beauty treatment compensation claim.
The term general damages relate to pain and suffering and any potential impact on the claimant’s life. The majority of beauty therapy compensation claims relate to relatively minor injuries which are not long-lasting. However, we have seen a number of compensation claims relating to long-term disfigurement which can attract significantly higher compensation.
Special damages are awarded where the claimant has incurred expenses which may include, as mentioned above, medical treatment as well as loss of earnings, travel expenses and anything else relevant to the injury. If additional treatment will be required going forward, and indeed there is further loss of earnings, these will also be taken into consideration when arriving at a special damages award.
Starting A Beauty Treatment Claim
If you have suffered a beauty treatment injury and you believe there is a viable compensation claim then a personal injury solicitor can give you the correct advice. A personal injury solicitor will be able to consider not only the details of your account of the beauty treatment but also any relevant medical advice or examinations which were undertaken. Even though the vast majority of beauty treatment injuries we are asked advice on are relatively minor this does not mean that the salon or individual is not potentially liable through negligence. Very quickly a solicitor will be able to advise you accordingly and start your beauty treatment claim if required. If further medical evidence is required there are third parties we work with who can provide this in your local vicinity.
If your beauty treatment claim is deemed viable then many companies will take on the case on a No Win No Fee basis, agreeing to take a percentage of any compensation awarded in lieu of payment. When your claim is started the first port of call is to advise the defendant with regards to the basis of the compensation claim and details of the incident. In the vast majority of cases, where beauty treatment negligence and liability are relatively straightforward, the parties involved will arrange an out-of-court settlement. There will be occasions where the defendant decides to take the court option which is where your detailed account of the incident and supporting evidence such as medical feedback and photographs would be required.
The actual amount of compensation in beauty treatment claims will not only vary on the severity of the injury but also the impact on the claimant’s lifestyle.