030 Can you sue over a bad haircut?

VERONICA: Hey everybody, welcome to Lawyers in the House with Montlick. I’m your host Veronica Waters, and we are here talking about something that really affects probably everybody in your household.

JENNIFER AND ALYSSA: Thank you for having us.

VERONICA: So curious to ask you about how coincidental it is that both of you got hired at in 2013, right?

JENNIFER: Exact same day actually, yeah.

VERONICA: The same day?

ALYSSA: Yep, yep. And we’ve been friends ever since.

JENNIFER: Yeah, we started on the same day.

VERONICA: Oh my God, and how did everybody look at you?

ALYSSA: They were like, we have work to do. We were so excited, though, and it was such a good environment to step into. I mean, I think we were just really excited, but yeah, it’s good.

VERONICA: So, after you guys made the rounds and introduced yourselves to everybody, then you just went back and sat in your offices or…?

ALYSSA: Well, we had this wonderful idea that we thought was a good idea that we would get everyone in the hallway where our offices were located to go to lunch together so we could meet people and talk about what we were about to start with the firm. And yeah, so we convinced the whole hallway of colleagues to go to lunch.

VERONICA: So clearly you guys must be very persuasive in front of a jury.

JENNIFER: And it’s something we should be thinking about. We all think like you. You think, oh great, I’m going to get a touch up on my color or get a manicure. And I’m going to come out feeling refreshed and beautiful, but there are a lot of hazards and a lot of things we need to be cautious about.

VERONICA: Tell me about some of these things that we need to think about. Because it is so all new to me.

ALYSSA: I know, I’m hiding mine.

JENNIFER: And a woman got a manicure and a few days later, she discovered she had an infection and she thought there were dirty tools used to do the manicure. And she called the nail salon, and they told her to soak her nail in acetone, which oh… I mean, they’re not doctors.

VERONICA: Oh. I didn’t think about that.

JENNIFER: If they cut you while you’re there and you notice you’re bleeding and maybe it’s turning red or it hurts to touch it, we would recommend reporting it right away. There needs to be a record. An issue with these cases is sometimes liability, meaning, proving the causality of your damages and who caused your damage.

VERONICA: Wait a minute, okay, so to whom are you saying report it? Because if somebody nicks my finger, I’m going to say, well, ow, you know, whatever.

ALYSSA: But if you go home and you start to notice like the yellowing and the redness around a cuticle, but you don’t do anything about it, you soak it in Epsom salt, or you put antibiotic ointment on it, and you don’t do anything. And then you call us. And, you know, we’re like, okay, it’s not that we don’t believe you, but we got to have something more.

VERONICA: Yeah, I would think that finding out how it happened and who was behind it. I mean, it’s easy if it’s a hair thing. Because you know who did your hair. And you could easily… everybody probably saw that. I don’t know, that’s probably a terrible example.

JENNIFER: But you also, too, report it to the salon so that they have a record of it.

ALYSSA: Save your receipt.

JENNIFER: Yeah, something that proves that you were at the salon that day. And so that when you go to the urgent care or the doctor or the hospital, if it’s that bad, you can say, look, I was at your salon this day, and now my finger’s infected two days later. It was obviously caused by the services I received.

ALYSSA: Yeah, and to be honest, I like these cases. They’re just so, you know, practical, I guess. And, you know, I had a lady who had went for a facial peel. And she had chemical burns from the peel on her cheeks, and she was a young woman, and she had had peels done before, so it wasn’t anything new. And she gets home and it’s like a little more crusty than what it should be when you have a peel.

VERONICA: Anybody’s face.

ALYSSA: Yeah, yeah.

VERONICA: I mean, it’s your face.

VERONICA: Yeah. And so, she couldn’t wear makeup and she couldn’t teach her classes and it was just this whole string of events. But I mean, we’ll talk about this, I think a little bit later just as far as like, how do we value these cases and what do we look for? But she didn’t have a lot of medical bills.

VERONICA: So, she gets like, I don’t know, a couple $100 in medical bills. How do you… you know?

ALYSSA: Yeah, she only had, I mean like $500-ish of medical expenses, an urgent care visit, a dermatology visit. She had got, like, a scar laser evaluation to see, you know, maybe she could have some laser treatments done to help with the redness, but she had chosen not to do that.

JENNIFER: Physical.

VERONICA: So how did that case turn out? Were we able to do for her?

ALYSSA: It was a very good outcome for her. I can’t say the exact amount, but tens and tens of thousands of dollars.

VERONICA: That’s amazing. That’s amazing.

JENNIFER: But I mean, two, you have to think about what is your face worth?

ALYSSA: And your appearance.

ALYSSA: Right. Right.

JENNIFER: And that can differ from client to client, too. I mean, a woman in her 20s may value her facial appearance more than a man in his 80s or vice versa. They may not, but just also the type of job you have. If you’re an anchor on television, your appearance matters for your job, too, sometimes. So, it just depends on who you are as well.

ALYSSA: Well, and that can kind of go into a very long process. But so initially, we always want to start with the person closest to the injury. So, in my case, with the peel, it was the aesthetician who left the chemical on her face too long.

VERONICA: So, do you sue the… do you sue her?

JENNIFER: She’s acting in the capacity…

ALYSSA: Yeah. So, the spa, where the aesthetician was employed, carried insurance to compensate people who would be injured based on things that happened in the salon. So, it was the aesthetician’s employer’s insurance that ended up paying the settlement. But you can go down the path of, like, and this could have been a defense- They could have raised a trial… would be, well, it wasn’t the aesthetician that did something wrong.

VERONICA: So much finger pointing.

ALYSSA: Yeah yeah yeah yeah.

VERONICA: So, it occurs to me how many different types of salons and spas and offices might have these kinds of things. Actually happening.

ALYSSA: Yeah, right?

JENNIFER: Yeah. Anything. Things that you forget about that you’re doing, again, every day you just go in to get a quick procedure.

VERONICA: Just part of your routine.

JENNIFER: Yeah, it’s a little zhuzh. And then you’re not realizing that there could be something that could go terribly wrong.

VERONICA: What’s the diabetes angle have to do with it?

JENNIFER: I think a lot of diabetics have issues where they potentially could lead to foot amputations and limb amputations. And so, any little cut or infection could lead to a bigger infection, I’m not a doctor.

VERONICA: I did hear about a case that involved a diabetic and some overly hot water or something that caused her some issues. Yeah, well, it’s a circulation thing maybe?

ALYSSA: Yeah, I think that circulation and the difficulty to process for your body to process and heal from an infection. And so, it just kind of gets worse and worse and worse. But there’s some assumption of the risk issues there too. If you know that you have these major health complications, you probably shouldn’t have the nail salon digging out your ingrown toenail. You should be going to a podiatrist.

VERONICA: I’m actually sort of curious about how often people are too embarrassed to call after something like this happens. And I’m going to ask Alyssa White and Jennifer Fleming about that coming up on Lawyers in the House with Montlick. Sometimes an allergic reaction can also equal a personal injury. When you can sue over an allergy, coming up next on Lawyers in the House.

VERONICA: Welcome back to Lawyers in the House with Montlick. I’m your host Veronica Waters here with Jennifer Fleming and Alyssa White, attorneys from Montlick, talking about what happens when you go to the spa or the salon or the tattoo parlor and something terrible happens.

JENNIFER: So, if you know you have an allergy to something, you need to tell the salon or the tech or someone that you have an allergy to whatever that product is, so they know not to use that product on you. They have to have notice that you are allergic to a product that could potentially be used on you.

VERONICA: Because if they’re trained, they’ll know what the possible information is.

ALYSSA: Yeah, and you might not. You might think, oh, it’s just a vitamin D supplement or a prenatal vitamin or birth control. Those are all like the common things. But it may impact the reaction that you would have from these different procedures.

VERONICA: Do you have to fill out the form every time you go? I guess you must.

JENNIFER: I would update it if you’re on something or if you get a new prescription or new medication.

ALYSSA: Like, antibiotics, Retin-A.

VERONICA: Yeah, it’s interesting that though… I think the scary thing is if you don’t know what you might be allergic to, then it becomes even more of a gamble or it feels like a gamble. Again, at a place that I feel like I’m just going to get a little pampering. I really like the zhuzh thing. I think I need to get I’m just going to get a little zhuzh and all of a sudden, you know. My mom had an allergic reaction in the hair salon. It was like… she was miserable, yeah. She was miserable, yeah.

VERONICA: Welcome back to Lawyers in the House with Montlick, I’m your host, Veronica Waters here with Montlick Injury Attorneys Alyssa White and Jennifer Fleming. Thanks so much for being with us here in the house. We want to make sure that you become a part of Lawyers in the House. All of the time.

JENNIFER: I mean, they can be pretty bad. I had a case where a woman was getting a bikini wax, and the waxer was not licensed.

VERONICA: That pain had to be excruciating- the most intimate part of your body.

JENNIFER: Yes.

VERONICA: And I just… and she’s married, so she’s in a loving relationship.

JENNIFER: Well, it actually broke up her marriage, believe it or not. There were some issues there.

VERONICA: Talk about traumatizing- one of the things that has made headlines in recent years is a series of sexual assaults at massage parlors, or let’s just say, like spa clubs.

JENNIFER: Right. I have a case right now and we’ve seen the national chain that has had a lot of allegations against them- against the sexual assaults happening.

JENNIFER: And so, she went out and reported it to the spa and they kind of were like, well, we don’t know. And so, she called 9-1-1 right there on the scene and I highly recommend you do that because you want it recorded and you want that person criminally charged as well if that’s happening. And so luckily for my client, she called 9-1-1 and that person was arrested. They found him later that day. And so, you want to make sure that that is done. Absolutely protect yourself, first and foremost. Call 9-1-1.

VERONICA: No harm, no foul. Right, exactly. But if something was done, it’s documented. And you have… because… and also, I’m thinking you’re probably like in some kind of shock and maybe can you even verbalize what happened to you at that moment?

JENNIFER: She came out and told her daughter and her daughter, I think, is the one that convinced her to call 9-1-1 and said, no, that is not what was supposed to happen.

VERONICA: That’s not yeah, mom, that’s not how the massage is supposed to go.

ALYSSA: Yeah, yeah.

ALYSSA: Yeah.

VERONICA: Let’s talk about maybe going to the hair salon, right? I go regularly.

JENNIFER: It shows.

VERONICA: Thank you. So, I am constantly at the salon doing this, that or the other, you know, I don’t have any gray hair.

ALYSSA: Well, and you have to think… So, if you go and let’s say you want your hair to be a little darker or a little lighter or whatever. And it’s not the exact result that you’re going for. Eh, probably not a case. But one of the very first cases that I ever resolved at Montlick was a lady who had went to have highlights. She was middle aged, and she had had highlights all her life.

VERONICA: Aw.

ALYSSA: And you know, so anyways, I will never forget that case. You know, we did resolve it with the salon directly. But you know, they had tried to come up with all kinds of excuses as to why it wasn’t their fault.

VERONICA: She’s gotten highlights like most of her life.

ALYSSA: What was she supposed to do you know?

VERONICA: They were trying to guess like her.

ALYSSA: Yeah, yeah. So again, it never hurts to call us. If we can’t help you, we’ll tell you why. I think we take pride in that. You know, we’re not going to set you up to be like, well, I don’t understand what she’s saying, or why won’t they take my case. I’ll say, you know, this is probably not a case that we can pursue for you. And here’s why. And I’ll give you the reasons. But in this case, you know, I felt for her. You know, there was a little bit of emotion with it and, you know, we had a good resolution for her.

VERONICA: I was just thinking the same thing, but you know… but literally you are in my head right now.

JENNIFER: It affects men too. We’ve also had cases for men. They also get pedicures, haircuts, they get shaved. We had a case for a man that went for a tattoo removal. and he had gotten his tattoo removed and had sustained third degree burns… and yes, you’re burning off a tattoo, I understand, but you’re not supposed to have third degree burns.

JENNIFER: Exactly. Exactly. So, it’s not just women that are affected by this issue. So, for the men out there, we know this affects you too. We see you. So also, please call us if you’ve had something like this happen.

VERONICA: Yeah, I think there might be, I’m not sure if it’s still ongoing, but in Illinois, there is this complaint about this hair transplant procedure, a lot of men have been injured with, you know, they’ve gotten – I don’t know – like scars and burning and it’s just… you’re right.

JENNIFER: Right.

VERONICA: Occasionally. And you know, you talk about the nicks. I mean, you think the scissors for a trim is just nothing, but you know what if you do get an infection or, you know, I remember when COVID was like really, really, really something that everybody was talking about every day, and it was like, if you have a cut, you need to cover it up with a band aid, because you don’t want it to get into the cut. It’s amazing how a little thing can just bloom into something so dangerous.

JENNIFER: Definitely.

JENNIFER: Right.

ALYSSA: Well, and I think you know they have Botox parties and things like that.

ALYSSA: And I mean, I’m sure it’s great and fun, but there’s risks associated with it. I know somebody who went for Botox and passed out while she was receiving the treatment. And if you think about it, what if that happened not at a medical spa where there’s medical staff available to help you? What if you had a reaction? What if you, you know, what if they made a mistake and hit something they weren’t supposed to hit you know?

VERONICA: Any kind of medical emergency or something…

ALYSSA: yeah yeah yeah.

JENNIFER: Right. And then too, when you’re going to a medical professional to have any medical cosmetic procedure, that you’re going into the medical malpractice route as well. Yeah.

JENNIFER: Or so you think. You don’t know what goes on in the back either too, but we don’t want to think about that.

ALYSSA: Well, and we always say to report it, you know, so let’s say something does happen, right? You can call the police. You can report it to the salon. You can call the health department, call us, you know, there’s several avenues of documentation and places that can investigate for you as well. And the health department is one of those.

VERONICA: Right. And you guys can… this is the kind of case you can take no matter where it is in the country, right? It doesn’t have to be local. You can… anybody can call you.

ALYSSA: Yeah, we’re a national law firm. So, we will consult and help people from anywhere. If we can.

VERONICA: All right.

You’re listening to our podcast, Lawyers in the House with Montlick. If you want to listen to our radio show live, you can hear it every Sunday, 8 a.m. on 95.5 WSB.

JENNIFER: Well I think to wrap up, we want to make sure that you are going to a reputable clean salon.

ALYSSA: Yeah, and advocate for yourself. If you’re in a massage and something doesn’t feel right, say something.

VERONICA: You know, this reminds me of a case that is going on in another state and it happened in January of this year. And it was a teenage girl who had gone to a hair salon. And the woman that she booked with was not licensed. And she said so on her disclaimer, it says, I’m not licensed.

ALYSSA: Might want to really consider, you know, how much you’re paying for the services? Is that in line for the rate that these services are normally offered at other salons? If you’re getting it a discount, is there a reason why you’re getting it?

VERONICA: I’m researching whatever it is. And seeing, are the reviews good? Are the people certified, licensed, trained? Yeah, it makes it, you want to make sure.

You’re listening to our podcast, Lawyers in the House with Montlick, catch us live every Sunday, 8 a.m. on 95.5 WSB.