Can I claim compensation for allergic reaction to hair dye if my colourist did not perform a patch test?
It is highly likely that you will be entitled to claim compensation for allergic reaction to hair dye if it can be proven that the injury was sustained because the salon employee did not administer a patch test. Salons have a legal duty of care to provide their customers with a safe environment and by not performing the patch test at least 48 hours before applying the hair colour, the colourist breached that duty of care and is likely to be deemed liable for your injury.
Though not required by law, any professional hair stylist should be aware that patch tests are necessary – even when the client has used hair dye product in the past – since allergies are unpredictable and allergic reactions can develop in between treatments. Without administering the patch test – that is recommended on the packets of most hair dyes – it may be possible to recover hair dye allergic reaction compensation.
There are a number of procedures that you should complete in order for your claim for allergic reaction to hair colour to be resolved successfully. If you have not already done so, you should return to the salon to report your injury and have it recorded in their “accident report book”. It may be that similar accidents, or other incidents caused by the salon’s negligence are discovered in the accident book and you may be able to use the report to substantiate your claim. You should ensure to retain a personal copy that you can present to a solicitor to be used as evidence when you claim compensation for allergic reaction to hair dye.
For further support of your hair dye allergic reaction compensation claim, you should take two photographs of your injury – one close up image to demonstrate how severe your injury is and another from a distance to show its visibility. It is also recommended that you visit your GP who can arrange for an allergy test to confirm that your injury was in fact caused by the hair dye.
Should the beauty salon admit their liability, there is the possibility that they will offer compensation before you have the opportunity to have your claim for allergic reaction to hair colour assessed by a solicitor. Unsolicited offers such as these should be referred to a solicitor as soon as they are received as they may not sufficiently represent how much compensation the accident victim may genuinely be entitled to. An experienced solicitor would be able to evaluate the offer and determine whether or not it is worth accepting.
Irrespective of whether you receive an early offer of compensation from the salon, you would be well advised to discuss the circumstances of your case with a solicitor before you initiate independent action to claim compensation for allergic reaction to hair dye. In the free initial consultation – that most solicitors offer – they can answer any questions you may have and can assess your claim to determine its viability.