This is a follow up to my questions:
CAN THIS CLIENT TAKE ME TO COURT?
HAIR EXTENSION NIGHTMARE WITH CLIENT!
Basically:
1. Fitted a full head of extensions
2. 10 days later she started complaining about quality of hair (but i have in writing from her that my workmanship was good) with threats of court action
3. contacted supplier and they said hair needs to be sent to them and analysed to determine where the fault lies.
4. saw a solicitor and drew up a proposal to remove hair and send for anaylsis, have sent to client.
5. client is now saying she doesn't want my help anymore and is going to take me to court. She is now suddenly saying that also as i cut her hair to blend in it will look awful without the extensions! (She happily paid for the service and also saw hair before it was out in)
AS I HAVE SENT WHAT I BELIEVE TO BE AN ACCEPTABLE PROPOSAL, IS SHE ABLE TO PROCEED WITH COURT ACTION?
Thank You :-)
Hair Extension Court Threat With Client !! Solicitors welcome to answer!? The answer to your actual question is yes she can. The answer to your implict question is no, she won't.
Claims against hairdressers by disgruntled clients are a hazard of the profession, it seems.
I don't think she will sue you, not least of all because I'd be amazed if she could get any representation, but if she does you should not hesitate in defending the claim using the written agreement as your principal defence.
Unless she was physically injured, any claim lies in breach of contract, which would be limited to the cost you charged her for the extensions being fitted.
Has she removed them or had them done elsewhere? If not, you can be sure she's just trying it on.
The law does not provide her a recourse just because she later decided she does not like them, any more than if she decided she did not like her dress and sued the shop that sold it to her.
As long as the extensions were done competently, you've nothing to worry about, don't let a little court case (of low value and with no costs consequences) bother you.
You may find it an canny investment to reply to any letters from her with a solictor's letter from you.
That should give her pause for thought.
Hair Extension Court Threat With Client !! Solicitors welcome to answer!? how pathetic. You have offered to resolve this, and taken the appropriate action. Let her take you to court, they will see the letter saying your work was great. the court'll throw it out. Her loss.
Hair Extension Court Threat With Client !! Solicitors welcome to answer!? you have done your best to help her so i would sit back and wait to see if she does pursue it as she is probably only waiting for you to give her compensation. keep all evidence of your efforts to rectify the problem just in case it goes to court but dont let it get you down
Hair Extension Court Threat With Client !! Solicitors welcome to answer!? She can proceed with a Court action against you, but as you have a statement from her to the effect that she was satisfied with the workmanship etc. it seems unlikely that she will win the case. If she loses, then you can ask the court for damages plus your expenses in attending Court especially as you are away from your workplace to attend to this matter.
Hair Extension Court Threat With Client !! Solicitors welcome to answer!? When a client goes to a hairdresser and arranges to have a treatment they are entering into a contract with the hairdresser for the supply of their professional services and, occasionally, for the supply of goods (purchasing of a hair dye or perming solution). Hairdressing is therefore subject to the Supply of Goods and Services Act 1982 which requires that it be carried out with reasonable care and skill. Hairdressers also owe clients a common law duty of care to undertake their work with the skill and care expected from a reasonably competent person in their profession. Hence, when injury is caused to a client as a result of a trip to the hairdresser, a claim is normally brought in both tort and contract.
Establishing liability claim should, in theory, be a straight forward process. The starting point in all such cases being that hair extensions or hair treatments generally do not ordinarily cause people to suffer damage. Therefore there is a strong implication from the outset that the treatment has been carried out negligently. However, as with all claims the key to success is having the evidence to prove your case.
The case here does not apepar to be that damage has been caused as a result of the treatment, but rather that it was not up to the standard she expected and as such I can see little merit in her claim - although the solicitor you saw has not particularly helped matters. By agreeing to have the samples examined by the suppplier you suggest that fault lies somewhere. If that is so and, if that was reasonably forseeable, then you may be in trouble as a reasonably competent hairdresser being aware of the possibility of an undesirable result being caused by the product used, has a duty to inform the customer.
You should have remained silent and allowed her to prove her claim. The cost of evidencing such a claim would, at the very least, involve a forensic trichologist and would be disproportionate to the claim. She certainly will not be entitled to legal aid and I am doubtful wheher a 'no win, no fee' would assist her because of the low economic value of her claim.
You should write a 'without prejudice' letter inviting her to have a similar treatment at no cost, in full and final settlement of her claim. A paragraph referring the right to refer the letter to the attention of the court in respect of costs, if she pursues a claim, should add some costs presure to settle the claim amicably. Do not send any other letters or agree to anything else. The more you do, the bigger the hole you are digging, will become.
In keeping with the development of a litigious society, some hairdressers are now making clients sign a disclaimer form before undergoing treatments, these forms excluding or restricting liability for personal injuries sustained as a result of various treatments. In accordance with section 2(1) of the Unfair Contract Terms Act 1977 such agreements are invalid in respect of any personal injuries sustained as a result of negligence on the part of the hairdressers. However, such disclaimers may prevent those clients who, through no fault of the hairdresser, have an adverse reaction to a product, or are not happy with the treatment received, from successfully bringing a claim for damages.
I have had a look at the additional e-mail inquiry you have posted. It is rather curious that your client, or former client as the case may be, would ask you for the details of your solicitor and company registration number whilst stating that her solicitor has asked for them. I know not of any solicitor who would instruct a client to obtain information on their bahalf. I would suggest that she does not have a solicitor at all and if she does, he is certainly not acting on her behalf.
As I have said, offer a further treatment, or a discount towards a further treatment as a gesture of goodwill and leave it at that. Do not respond to her spurious requests for information. She has no right to them. Refer her to your insurers and refuse to answer any further queries.
Hair Extension Court Threat With Client !! Solicitors welcome to answer!? If you genuinely have done the best work you could, and you have public liability insurance, then let her sue.
She will not win.
Hair Extension Court Threat With Client !! Solicitors welcome to answer!? Sounds like a case for Judge Judy. Oh, by the way, you can take anyone to court for anything. For example, a burgular breaks into your house and injures himself in the process, he can sue for damages. Go figure........................
