Wife went to a national chain of hair salons (some franchised), for a haircut. During the service, the stylist nicked the back of her neck, leaving a 1 inch gash that required a emergency room visit to close. Do we have sufficient cause to proceed against the salon, at least for the emergency room visit? Thanks in advance.
Depending on the extent of the injury (1 inch gash requiring ER visit), amount of emergency room costs and likelihood of a permanent visible scar, it’s advisable to consult an attorney for a more complete review.
Two possible causes exist to pursue damages, and any action would be advisable to include both the salon and the hairdresser / barber (as she/he maybe an independent contractor and not an employee of the salon).
First, a person performing such services has a duty to exercise reasonable skill and care that presumably doesn’t include inflicting a severe laceration during the haircut. The inured party to show actionable harm must prove a duty of care exists, a breach of that duty occurred and a causal connection existed between that breach and the resulting harm. Beware that the deadline to file a negligence claim (pursuant to C.G.S. Section 52-584) is within two years from the date of injury
Second, another possible theory for recovery (which is less desirable) is to claim that the other person breached the parties’ implied service contract which included in that agreement was an understanding that the recipient would not be injured as a result of receiving that service. The injured party would need to prove the existence of the agreement (i.e. implied by the conduct of the parties – enter salon, directed to sit in chair, begin haircut, etc.), that safety and protection from injury are inherent in such an agreement, and that during the performance of that service harm occurred.
Visiting an attorney for a consultation may be beneficial to fully understand the circumstances of your wife’s case and the extent of her possible claims, so that an informed decision of whether to pursue claims or not. Good luck.
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Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.
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