Very Bad Hair Days – Liability of Illinois Barbers and Hairstylists for Client Injuries

We don't tend to think of hair salons or barber shops as dangerous places. However, given the presence of sharp implements, chemical treatments and heat sources such as hair dryers, the possibility of serious injury does exist. Of course, not every Personal injury is the result of negligence, but barbers, hairdressers and beauticians can be responsible for failing to use ordinary care and skill. They hold themselves out as trained experts, and customers are reasonably entitled to rely on that expertise. 

Illinois law requires that beauticians be properly licensed and complete the required amount of training. An individual patron of a barbershop, hair salon or cosmetology establishment may have a claim for money damages for injuries resulting from the negligence of salon personnel. However, a provider of aesthetic services is not an absolute insurer. If the circumstances of the injury are such that the accident was unavoidable, neither the individual employee or the salon owner or operator generally will be held liable in negligence. Moreover, the ability to collect damages may be reduced or even eliminated if the patron fails to seek medical attention or take other steps to avoid continued harm after suffering the injury.

Negligent conduct in a salon or barbershop can result in serious injuries, including:

• Skin, scalp and blood infections;
• Lacerations;
• Severe burns
• Permanent hair loss

Various acts and errors by barbers and beauticians have been found to constitute negligent behavior, including failures to:

• Use sanitary towels and instruments
• Use protective devices and measures during treatment
• Remain with the patron during certain treatments
• Test the temperature of water prior to spraying it on a customer's head
• Properly train staff

A salon or stylist may be held responsible for failing to exercise appropriate care. If the barbershop or salon fails to meet such standards of care required then a finding of negligence is possible.

In some instances, the presence of negligence may be presumed. For this to occur, however, the injured patron must prove that:

• The injury was caused by an instrument or treatment that was within the control of the establishment;
• His or her own negligence didn’t contribute to the injury; and
• The injury is one that would not ordinarily occur in the absence of negligence.

Should I Contact an Attorney for my hair salon Injury?

If you or your loved one has been a part of negligence in a hair salon, contact a Chicago Personal Injury Attorneys at (312) 443-1331 or email us at richardnilson@nsgclaw.com. A Barber and Hairdresser Liability Lawyers will legally advise you about your rights and help you to recover from damages.

When the Government is to Blame – the Basics of Sovereign Tort Immunity in Illinois

A motorist is injured in a collision at a traffic light that has been out of order for months, despite repeated citizen complaints. A jury member slips and falls on an improperly repaired courthouse step. Many people are surprised to learn that these individuals cannot simply sue the state, county or local government as they would any private individual.

The historical so-called “sovereign immunity” of the state, federal and local governments from liability for unintentional as well as intentional torts is derived from the English common law – nobody was allowed to sue the king. It survived despite the demise of absolute monarchy out of concerns that claims by injured persons would bankrupt the public coffers.

The 1970 Illinois state constitution entirely abolished the doctrine of sovereign immunity. However, the General Assembly retained authority to create exceptions, and it has done so principally through two major laws:

• The Court of Claims Act, which created a special court with exclusive jurisdiction over tort actions against the state, its agencies and its employees engaged in the performance of their official duties. In contrast to a suit against a private party, an injured party must serve notice of his or her claim on the Illinois Attorney General and the Clerk of the Court of Claims within one year.
• Compliance with this requirement is crucial: failure to provide the proper notice in a timely fashion bars the plaintiff from ever filing suit. Most significantly, the Act generally limits the amount of damages to $100,000. False imprisonment awards are even more limited, with the maximum being $35,000. Attorneys’ fees of claimants generally are also capped at 20% of the amount recovered.     
• The Local Governmental and Governmental Employees Tort Immunity Act. In general, this Act retains absolute immunity for acts that relate to the exercise of discretionary authority or policy decisions, as opposed to the performance of “ministerial” acts. Where the line between “discretionary” and “ministerial” falls has been the subject of much litigation.

The rules governing suits against the State of Illinois or a local or county or their respective agencies or employees are complex. If you believe you’ve been injured by the act or neglect of a government official, an experienced Illinois personal injury lawyer can advise you concerning your rights and obligations.