Can you sue for damaged hair?

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Latest post 01-02-2007 8:16 PM by LynnM. 8 replies.
  • 12-30-2006 4:20 PM

    Can you sue for damaged hair?

    I received salon services from a licensed cosmetologist about a month ago. I asked for a few dark blonde low-lights (even took in a photo of what I wanted), but she turned my entire head of platinum blonde hair 6 different colors. It was brown, dark black, orange and gray all over. (I have photos)

    She demanded payment after services were rendered and I paid her $85.00 by check (foolish of me I know! I should of refused, but she intimidated me at the salon) After I left the salon and washed my hair, it was even worse and my hair started falling out. I then stopped pymnt on the check and notified her by phone that I had done so. Then this "professional" stylist filed a claim with our Prosecuting Atty's office stating I wrote a bad check! UGH. It wasn't a bad check & I have proof it was stopped, plus I can show the funds were there. I'm currently getting that straightened out with them.

    I had to pay another stylist $85.00 to repair the damage, and now my hair is completely ruined. It's impossible to return to my previous color and my hair won't ever be the same.
    I'm contemplating filing a suit agains this stylist in small claims. I've already made a claim with the BBB against the salon where she worked, but she rented a station and isn't "technically" an employee there. She has since been asked to leave that salon, which I can only hope will help my case. I've sent her a certified letter demanding restitution, only to have her call the cops on me saying I was harrassing her! The whole situation is really unbelieveable and if she would of just acted professional from the get-go I wouldn't be in this position.

    My question: Can I sue her for the damaged hair and emotional suffering in small claims? Or can I only sue for the repair of my hair and court costs? Do you think I have a case against this woman?
    Thanks for any input.
  • 12-30-2006 5:04 PM In reply to

    Also wanted to ask

    Shoul I file a claim against her with the Cosmetology Board? Should I file a claim with the company who insures this salon? Can I do that since this stylist only rented a station there?

    Do I need medical documentation that my hair is damaged or is it sufficient enough to have a professional stylists opinion that my hair is damaged?
    THANKS.
  • 12-30-2006 5:17 PM In reply to

    Feedback [*=*] re: Can you sue for damaged hair?

    Who did you make out the check to? The Salon?

    That is who you should go after in Small Claims Court.

    Most salons do rent stations to licensed beauticians.

    "It's impossible to return to my previous color and my hair won't ever be the same."

    Eventually, you will be able to return to your previous color, and hair does grow back - unless you have some medical proof that you have loss of hair as a result.

    Unless you have suffered damages which can be medically corroborated, you are entitled to the amount you paid for the color although in small claims court, you might also be able to recover the cost to correct the hair.

    "It wasn't a bad check & I have proof it was stopped, plus I can show the funds were there. I'm currently getting that straightened out with them."

    Not a wise move.





  • 12-30-2006 5:27 PM In reply to

    re: Can you sue for damaged hair?

    Thanks for your reply.

    The check was made out to the stylist.

    Also, why isn't it a wise move to clear my name with the Prosecuting Atty over her false allegation of a "bad check"?? If I don't clear the matter up, they will issue a warrant for my arrest!!!
  • 12-30-2006 6:28 PM In reply to

    re: Can you sue for damaged hair?

    Carol meant it was unwise to stop pay on the check. You should have just filed in small claims court for the 85.

    Many states treat a stop pay as a bad check. I suggest you call that prosecutor and ask what statute you'd be prosecuted under, if indeed you would be prosecuted.

    All the complaints you file may make you feel better but won't likely get you a dime.

    Your only real chance of getting money is the small claims lawsuit against the stylist.

    I'd sue for 170: the 85 you spent to correct the hair and ask for a judgment that you don't owe the other 85. That would square things with the prosecutor.
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  • 12-30-2006 6:51 PM In reply to

    More [=+=] re: Can you sue for damaged hair?

    I meant, as Jack noted, it was not wise to do a stop payment.
  • 01-01-2007 12:53 PM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,519

    re: Can you sue for damaged hair?

    "I've already made a claim with the BBB against the salon where she worked, but she rented a station and isn't "technically" an employee there."
    (Yes, she is. She's renting a station and taking your money...)

    The BBB is not a government or law enforcement agency; it cannot force a reply from a company; nor can it administer sanctions, especially if the company isn't even registered with them.

    The agency to contact if you're trying to submit complaint about someone who shouldn't be licensed is:

    Board of Cosmetology and Barber Examiners
    3605 Missouri Boulevard
    P.O. Box 1062
    Jefferson City, MO 65102-1062
    573.751.1052 Telephone
    866.762.9432 Toll Free

    This doesn't mean to suggest that you are going to personally benefit by contacting them either. But if the public keeps discrediting this beautician's work, her license could be revoked.

  • 01-02-2007 8:16 PM In reply to

    Disagree [)*(] re: Can you sue for damaged hair?

    No, you can;t get pain and suffering in small claims. You can sue for actual damages - but since you ended up not paying the original $85 and then paid $85 for the correction, you don;t really have any.

    And once your hair grows out it will be fine.
  • 01-02-2007 8:16 PM In reply to

    re: Can you sue for damaged hair?

    Of course. Start by calling the office and asking if you can speak to the attorney handling the case.
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