Tuesday, June 4, 2013

Compensation for Hair Damage - How a Visit to the Hairdresser Can Lead to Personal Injury


Many women suffer hair damage and subsequent hair loss each year due to the negligence of hair salons and stylists. A high proportion of hairdressers still fail to carry out skin patch tests on new customers, used to determine skin sensitivity and identify pre-existing allergies. Similarly, a strand test should analyse the structure and elasticity of individual hair strands, and hence the type and strength of the chemical solutions (such as dye), that the hair will respond best to. The problem is that most popular hair procedures involve solutions based on toxic and sensitising chemicals. Small errors mixing solutions, or determining the individual characteristics of a client's skin or hair therefore, can cause burns, allergic reactions and either temporary or permanent hair loss.

Hairdressers must make sure they carry out styling procedures in a reasonably competent manner. Apart from mixing solutions (such as peroxide and colour) incorrectly, and failing to carry out pre-treatment tests, the most common example of human error is when stylists leave chemicals in the hair for too long. With hair dyeing, hair straightening and hair perming procedures, this can result in the hair being 'over-processed', or excessively dried, and it may then begin to break off and fall out. How quickly the hair grows back will depend on the extent of the damage done to follicles and roots. Otherwise chemicals may burn the scalp if applied for too long, causing skin damage and destroying hair follicles altogether, leading to partial or total baldness. Clients may require scar revision surgery in these circumstances, and the hair may take many months to grow back.

Skin patch tests are particularly important in identifying potential negative reactions to chemicals contained in hair styling solutions, and should take place at least 24 hours before a treatment is due to be carried out. Allergic reactions to hair dyes are commonly triggered by paraphenylenediamine (PPD), a popular and effective permanent hair dye ingredient. A person may become sensitised to other allergens in hair solutions, including hydrogen peroxide and ammonia. Sensitisation may be due to contact with various allergens that a person comes into contact with in the course of their daily life, including certain metals and rubber. Ideally therefore hair salon customers should have a new skin patch performed regularly, to protect against the possibility and consequences of an adverse reaction.

Compensation awards for hair loss caused by the negligence of salons and stylists depend on two main factors. Firstly, the extent of re-growth will be taken into consideration, and awards will be highest where the hair is continuing to fall out, or has fallen out, with the prospects of re-growth being poor. Secondly, the negative effects that hair loss has had on a person's life will be taken into account. Extreme self-consciousness, loss of confidence, stress and depression are all possible consequences of hair loss. A person's working life may suffer, with related loss of earnings, or social and family occasions may be missed or cancelled, due to distress and acute embarrassment.

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