I decided to change the colour of my hair and had a new hair dye applied in my salon, but I had an allergic reaction to it, am I entitled to claim for a loss of hair after an allergic reaction to hair dye?
In order to claim compensation for an allergic reaction to hair dye you must be able to demonstrate that the salon where you had your accident failed in its duty of care to you. It could be that there was a fault with the product used, the stylist did not enquire if you had any existing medical condition with your hair or the stylist was not adequately trained to do their job or failed to display that training.
Salons are expected to conduct a consultation with customers 48 hours before their appointment as well as perform a skin patch test to check for any potential allergic reaction. If the salon fails to perform a skin patch test, or failed to follow the correct procedure when styling your hair, you may be eligible to claim for loss of hair after an allergic reaction to hair dye.
However before you pursue your claim there are a number of other factors you should be aware of, which could impact your compensation claim.
In the aftermath of the incident your first priority should be your health. You must seek immediate professional medical care to evaluate your injury and what effects it may have. This will ensure your injury is recorded in your medical history and will substantiate any claim for loss of hair after an allergic reaction to hair dye. It will also mean that it cannot be alleged by the negligent party’s insurance company that you adversely affected your injury by not seeking immediate medical attention as this could affect the amount of compensation you are entitled to, if it was determined that you contributed to your injury through your own carelessness.
Once you have received professional medical attention, you should record your injury in the business’ ‘Accident Report Book’ and also keep a copy for yourself. Once the record is made, the salon may have to inform their insurance company about the accident as it is likely to be stipulated in their insurance policy. You may be approached by a direct or early offer of compensation from the insurance company soon after, especially if they have been able to view CCTV footage of the incident. It is imperative that you consult a personal injury solicitor about any direct offer you receive. This is due to the fact that the full value of your compensation claim will not yet be known and by accepting a direct offer of compensation, you risk being undercompensated for your injury and you cannot go back and ask for more.
If you decide to pursue a claim for compensation, your solicitor will write a ‘Letter of Claim’ to the negligent party’s insurance company informing them of your intention, the insurance company then has 21 days to acknowledge the letter and a further 90 to inform your solicitor of their intentions.
The amount of compensation you are entitled to will be affected by the nature and severity of your injuries as well as any impact they may have on your personal life, your age, sex and general state of health prior to the incident will also be taken into account.
You are best advised to contact a personal injury claims solicitor in order to determine if you should pursue a claim for loss of hair after an allergic reaction.