|While Helen was having her hair colored at a professional hairdresser, she sensed a burning sensation on her scalp. Moments later, her | |scalp was severely burned by chemicals contained in the product applied by the hairdresser. * Against whom may Helen have a claim for | |damages to compensate her for injuries suffered to her scalp? * Do UCC warranties apply? * Would it make any difference if Helen had used | |the product to color her hair at home? Are there any defenses that could be raised to such injury? |
Normally at a professional hair salon, the hairdresser would do a consultation for the client with regard to the hair color or style that she is interested in. A professional hair dresser has the knowledge to advise the client of the pros and cons of the service requested. The hair dresser should also advise or question if the client has any allergies to the chemicals that may be in the products the salon uses. Once Helen felt the burning sensation, she should of advised the hair dresser so that they may stop the process and avoid any additional damage to the client. I don’t believe that the hair dresser nor the salon be at fault in this situation provided they fully educate the client, during the consult, of the product that will be used. I don’t believe that any salon would purchase a defective product. Based on the UCC, the salon is warranteed that the product is of quality. Normally, a professional salon would compensate a client when they are not satisfied with the service, I believe that would be the only compensation Helen would have. If Helen where to use the product at home, she is solely liable to any damages that may incur. She is willingly taking the risk. If the salon erroneously mixed the product wrong or did not inquire of any allergies to the chemicals or ingredients, then she may have a claim against the salon. If the product was not properly labeled of any chemical or ingredient...
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