Can I make a compensation for scalp damage from hair products claim if I developed a painful rash on my scalp after hair dye was applied?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You may be eligible for compensation for scalp damage from hair products if the product used can be proven to have been faulty or if a hairstylist did not perform a patch test 48 hours before the full treatment, which they are legally required to do. If the scalp injury was a result from an at-home dye kit, it is worth noting that these types of kits should provide the user with instructions including the recommendation that the user perform a patch test 48 hours before usage.
In the case of a scalp injury being sustained after a salon visit with the root of the problem lying with the product itself, the first step for making a compensation for scalp damage from hair products claim against the manufacturer is to report your injury to the beauty salon and have them provide you with the original packaging and proof of purchase. If the product used was a home-dye, or other home-styling product, you will need to have retained the packaging and additional elements to use as evidence.
It should be possible from the product number and batch number to determine whether any other similar complaints have been made against the manufacturer. If other claims are found, you may well qualify to claim compensation for a scalp injury caused by the hair product in question.
A more common cause for scalp damage from hair products is the failure of the stylist to issue a patch test. Hairstylists have a legal duty of care toward their clients and they are obliged to perform a patch test before every hair product application. Professionally trained stylists are aware that allergic reactions can occur over a period of time and so, even if you have been treated with the same dye before, by the same stylist, they should always perform this test. Without the test being carried out, the salon will be shown to have failed in their duty of care to you and you may make your compensation claim against them.
When considering claiming compensation for scalp damage from hair products, you would always be well advised to consult with an experienced solicitor. They can advise you on whether or not you have a viable case and can answer any questions you may have regarding your personal situation in an initial consultation, which most solicitors offer for free.