Suing Hair Salon for Negligence in Texas

In short, it depends. If your hairdresser has caused damage to your hair due to negligence or improper practices, then you may have grounds to sue them under Texas law. It is important to note that hair salons and stylists are expected to adhere to professional standards of care. Failure to adhere to these standards can result in liability for damages.

In order to sue your hairdresser for damaging your hair, you must have proper grounds for your lawsuit. You can sue a hairdresser or salon for damages if their actions constitute negligence, breach of contract, or intentional misconduct:

• Negligence: An example of negligence in a hair salon is using harmful chemicals, failing to conduct allergy tests, or improperly applying treatments that result in hair loss, burns, or scalp injuries
• Breach of Contract: Failing to deliver promised results, such as a specific hairstyle or treatment outcome can result in a breach of contract, allowing you to sue the hairdresser under breach of contract laws
• Intentional Misconduct: Deliberately causing harm or using products known to be unsafe can be grounds for a personal injury lawsuit in Texas.

The most common claim made against hairdressers are negligence claims. In order to succeed in a negligence claim, you must prove all of the following legal elements:

• Duty of Care: First, you must prove that the hairdresser owed you a duty to perform services safely and professionally
• Breach of Duty: Next, you must demonstrate that the hairdresser failed to meet industry standards or acted carelessly
• Causation: Then you must show that the breach directly caused the damage to your hair or scalp
• Damages: Finally, you must demonstrate that you suffered measurable harm, such as physical injuries, emotional distress, or financial losses

What Duties Does a Beauty Salon Owe To Its Customers?

As noted above, beauty salons in Texas owe several duties to their customers to ensure their safety. All of these duties are rooted in both legal obligations and industry standards. The following is a list of key responsibilities and duties beauty salons owe their customers:

• Duty of Care: As mentioned above, salons must provide services with reasonable care and skill to avoid causing harm to customers, which includes using safe products, properly trained staff, and maintaining hygienic practices
• Health and Safety Compliance: Salons are also required to adhere to health and safety regulations set by the Texas Department of Licensing and Regulation (“TDLR”)
  • This includes sanitizing tools, maintaining clean workspaces, and following protocols to prevent the spread of infections
• Proper Training and Licensing: All cosmetologists and salon professionals must hold valid licenses and have adequate training to perform the services they offer.
• Disclosure of Risks: Salons must inform customers of any potential risks associated with treatments or procedures
  • For instance, they should conduct patch tests for chemical treatments to prevent allergic reactions
• Use of Safe Products: Salons are responsible for using products that are safe, non-expired, and appropriate for the customer’s needs, and must also follow manufacturer instructions for product use
• Respect for Customer Rights: Salons must respect customer preferences and provide services as agreed upon. They should also address complaints professionally and offer remedies if their services fall short of expectations

If a salon fails to meet any of the above duties and a customer suffers harm, the salon may then be held liable for their negligent actions. This includes injuries from burns, cuts, or allergic reactions caused by improper practices.

Are There Remedies for Salon and Negligence Injuries?

Yes, there are numerous remedies available for salon and negligence injuries in Texas. If you’ve suffered injuries as a result of salon negligence in Texas, remedies available under personal injury law may include:

• Compensatory Damages: The main remedy available for salon and negligence injuries is compensatory damages, which can either be economic or non-economic
• Economic Damages: These damages cover tangible losses such as medical expenses for treating injuries, costs of corrective procedures, and lost wages due to time off work
• Non-Economic Damages: These damages address intangible losses, including pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life
• Punitive Damages: In cases of gross negligence or intentional misconduct, courts may award the plaintiff (i.e., the party that was injured) punitive damages that are meant to penalize the salon and deter similar behavior in the future
• Restitution: If the salon’s negligence caused financial losses, you may be entitled to restitution to recover those costs
• Regulatory Complaints: You may file a complaint with the Texas Department of Licensing and Regulation, which oversees salon practices
  • The TDLR can investigate the salon and impose penalties or corrective measures on the salon

It is important to note that many cases are resolved through settlements, where the salon agrees to compensate you without going to trial. A Texas lawyer can help negotiate a fair settlement. They can also sue a hairdresser on your behalf and help you recover damages.

What Defenses Does a Barber or Hairdresser Have?

Barbers and hairdressers in Texas have several legal defenses they can raise in response to a personal injury lawsuit for hair damage. All of the defenses aim to challenge the plaintiff’s claims or mitigate liability. The following are examples of common legal defenses:

• No Breach of Duty: The barber or hairdresser may argue that they adhered to all of their professional standards and did not breach their duty of care
• Assumption of Risk: If the plaintiff knowingly accepted the risks associated with a particular treatment or procedure, the barber or hairdresser may use this as a defense
  • For example, if the plaintiff was informed of potential side effects and consented to proceed, the salon may not be liable
• Contributory Negligence: The defendant may claim that the plaintiff’s own actions contributed to their injury
  • For instance, if the plaintiff failed to disclose allergies or prior treatments that could have affected the outcome, this defense could reduce their liability
• Product Liability: If the injury was caused by a defective product rather than the hairdresser’s actions, the defendant may argue that the manufacturer or supplier of the product is responsible in part or fully for their damages
• Lack of Causation: The barber or hairdresser may challenge the plaintiff’s claim by arguing that the alleged injury was not directly caused by their actions
  • For instance, if the plaintiff had preexisting conditions that contributed to the damage, this defense could be raised
• Statute of Limitations: In Texas, personal injury claims must be filed within two years of the incident. If the plaintiff files the lawsuit after this period, the defendant can argue that the claim is time barred and their claim should be dismissed
• Compliance with Instructions: If the hairdresser followed the manufacturer’s instructions for using a product or performed the procedure as requested by the plaintiff, they may argue that they acted appropriately and are not liable for any damages
• No Damages: Finally, the defendant can simply show that the plaintiff did not suffer measurable harm or that the damages claimed are exaggerated

Do I Need an Attorney for Help With Barber or Hairdresser Issues?

If you are an individual or business in Texas dealing with personal injury claims related to barber or hairdresser negligence, it is strongly recommended to consult an experienced Texas personal injury attorney.

LegalMatch can assist you in connecting with a lawyer who understands Texas’ specific laws governing negligence in beauty salons. Further, you can ask a lawyer any questions you may have regarding your specific case.

A knowledgeable attorney will be able to provide you with tailored legal guidance to protect your interests, as well as help you recover damages you may have suffered. If you have been a victim of hair damage or scalp injuries caused by negligence, legal representation is essential to safeguard your rights.

A personal injury lawyer can help you file claims, recover losses, and negotiate with the offending salon or barber for fair compensation. They can also help you negotiate with the party that caused you injuries for a fair settlement. Additionally, should your legal dispute require a trial, an experienced injury lawyer can also represent you at any in person hearing.