Indulging in a little self-care is a luxury we all cherish. Whether it’s a visit to the barber, a spa retreat, or a salon session, a rejuvenating treatment can work wonders, leaving us looking and feeling our absolute best… well, most of the time.
While most cosmetic establishments diligently implement safety protocols to ensure client well-being, such as thorough safety questionnaires and patch tests, there are unfortunate instances where businesses neglect their duty of care. In such cases, clients who place their trust in these services may suffer temporary or even permanent cosmetic injuries.
Laws and Regulations for cosmetic injury claims
Several UK laws aim to safeguard the clients and customers of beauty technicians. Specifically, The Cosmetic Products (Safety) Regulations 2004 dictate that only safe and rigorously-tested products may be utilised on clients. Moreover, The Health and Safety at Work Act 1974 mandates that workplaces must ensure the protection of all employees and customers from potential harm, while The Supply of Goods and Services Act 1982 imposes a duty of care on salons to protect customers from injury.
Despite the existence of these laws, the beauty and cosmetic industry is notorious for its lack of regulation. Consequently, not all technicians are required to attain full qualifications before administering treatments. Unfortunately, this oversight results in a number of beauticians employing subpar techniques and lacking the necessary skills to safely attend to clients.
Many individuals who sustain cosmetic injuries post-treatment often believe they are ineligible to file a claim due to having signed a consent form. While signing a consent form indicates understanding of the procedure and associated risks, it does not preclude the possibility of seeking compensation in cases of negligence on the part of the technician. Therefore, if you have suffered an injury and signed a consent form, it is advisable to consult a personal injury solicitor to explore your legal options.
Cosmetic injuries and technician negligence
Procedures conducted by negligent technicians can lead to cosmetic injuries, ranging from burns and scarring, to cuts and infections, among other more severe outcomes. While some individuals may be able to conceal their injuries if they occur in less visible areas of the body, others may experience a significant impact on their self-confidence and mental well-being if the affected areas include the hands or face.
In extreme cases, these injuries can be life-altering, causing nerve damage or even blindness. If your injuries were the direct result of your technician’s gross negligence, you may be eligible for compensation for cosmetic injuries. Examples of technician negligence may include:
- Tattoo – Failure to sterilise equipment properly, leading to infections such as hepatitis or HIV.
- Piercings – Improper placement of the piercing resulting in nerve damage or migration.
- Botox – Failure to assess the patient’s medical history for contraindications or allergies.
- Eyelash tinting – Use of non-approved or expired tinting products causing allergic reactions or chemical burns.
- Laser hair removal – Incorrect laser settings or failure to properly assess skin type leading to burns or hyperpigmentation.
- Hair dying – Failure to perform a patch test prior to colouring, leading to adverse reactions or hair damage.
- Waxing – Improper wax temperature leading to burns or skin damage.
Cosmetic injury claim evidence
To substantiate any claim for cosmetic injury, it is imperative to demonstrate that your practitioner breached their duty of care towards you, resulting in an injury. The most crucial step in this process is collecting evidence to bolster your case.
Evidence often serves as the determining factor between the success and failure of your claim. It can be acquired in various forms, but in cases of cosmetic injury claims, examples may include:
- Confirmation of your appointment with your technician (emails, letters, appointment card)
- Receipt of purchase for your treatment
- A copy of the accident report made following your injury
- Photographic evidence showing the extent of your injuries
- A detailed account of your experience – how and why the incident occurred
- Medical records from your GP or hospital outlining any medical assistance you have sought for your injuries
- The name and contact details of your practitioner as well as any witnesses
There is a three-year limitation period for filing cosmetic injury claims, which means you have three years from the date of your injury to seek compensation. It is advisable for anyone who has sustained a cosmetic injury to contact a personal injury solicitor promptly. Doing so ensures that your recollection of the incident remains fresh and allows your solicitor sufficient time to construct a robust case on your behalf.
Stonehewer Moss – No Win, No Fee injury solicitors
Personal injury specialists, Stonehewer Moss have 20 years of experience in fighting and winning cosmetic injury claims.
By choosing Stonehewer Moss, you are selecting a team of expert personal injury solicitors in Cheshire. We are accredited by APIL (The Association of Personal Injury Solicitors), a quality mark of competence and specialist expertise for solicitors and counsel dealing with personal injury claims.
Our solicitors are dedicated to every case, working tirelessly to achieve the maximum level of compensation possible for our clients on a No Win, No Fee basis, meaning there is no financial risk to you.
If you have suffered an injury as a result of a cosmetic treatment and would like advice from a legal professional, call Stonehewer Moss today for a free, no-obligation consultation, together we can achieve the compensation you deserve.
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Talk to our claims solicitor
Call us on freephone 0800 434 6544 or 01606 87 22 00
Email us at info@stonehewermoss.co.uk
