Hair Damaged at Salon...
(Citrus County, Florida)
I went to a salon to get my highlights removed and to go back to my natural hair color. I only wanted one color. The stylist wanted to experiment with new chemicals and fried my hair. It turned out the first time with orange roots and reddish-brown hair. I was so upset I wanted to cry. Then she tried to fix it and dyed it three more times.
By the end my scalp was red, hurt and sore, and my hair was badly damaged. It was every color in the rainbow: red, green, blue, orange, black, brown. The fourth time she died my hair it was 9pm - closing time for the store. I had no choice but to leave and come back the next day to see if someone else could fix it.
As she was doing my hair she also stated that the manager was in the back mixing the chemicals herself, which they are not allowed to do. She said they ran out of the developer she needed to use on my hair and that's why it turned out the way it did.
She was lying. She sent me texts after I left begging me not to tell the manager I blamed her for the screw up, since I told her she should not have messed with my roots. When I went back to have my hair fixed, everyone there was amazed to see what my hair looked liked. I was so upset and embarrassed I had to wear a hat to my doctor's appointment and I would not go anywhere else after that.
After all five of the other beauticians gave their input on what to do, they said the only way they could hide the mistake was to do highlights. It wasn't what I wanted but I had no choice. They also had to cut like 3 inches of my hair off. My hair is now totally dead, dry, and falls out in clumps every time I brush it.
I took pictures and filed a claim with the salon's insurance company. Now the insurance lady is saying she can't see any damage on my scalp and that my hair was corrected. She gave me an offer for settlement which offended me personally. Any stylist will tell you that dying someone's hair 4 times in 5 hours and highlighting it again the next day will cause damage (from all the chemicals). Even the back of the bottle will tell you there is a danger in exceeding the recommended amount.
I need help on what kind of settlement offer I should ask for from the insurance company. I know I have a case because the insurance company would not be trying to offer me money if I didn't have a case, correct? What do you think I should ask for? Thanks for the information.
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ANSWER for "Hair Damaged at Salon...":
Michelle (Citrus County, Florida):
It's quite clear you suffered emotional distress. That in and of itself constitutes recoverable damages from the insurance company. It would be helpful to have evidence of the damage to your scalp to show to the insurance adjuster. That evidence could be be photos taken by someone of your scalp and the perceptible areas where your hair fell out.
To have a stronger claim you'll need medical proof of your injuries. You'd be best served by visiting with a dermatologist or even your family physician to see if either or both can identify and document any physical injuries.
You're going to run into a problem because of your apparent contributory or comparative negligence. You state "any stylist will tell you that dying someone's hair 4 times in 5 hours and highlighting it again the next day will cause damage (from all the chemicals). Even the back of the bottle will tell you there is a danger in exceeding the recommended amount."
Your statement implies you knew your continuing return to the stylist would be damaging, yet you went anyway. Saying you had to return because otherwise your hair would look bad isn't enough to overcome your acceptance of the clear danger.
Under the circumstances asking for a $1500 dollar settlement would be appropriate. You probably won't be offered more than $500 to $750 dollars. A fair settlement would probably be somewhere between $750 and $1500 dollars.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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