Can I sue a salon owner if she ruined my hair by over processing it 8 times then dying my hair extensions and ruining them?

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Can I sue a salon owner if she ruined my hair by over processing it 8 times then dying my hair extensions and ruining them?

When I called the salon about it I got no response. Then the salon owners husband called me at home and started yelling at me and told me “You better stop calling my salon and you better stop threatening us. Get a lawyer if you want your money back”. I never threatened them once, I was just calling asking for a refund of my $500 since they ruined my hair and my extensions. I don’t know what to do?

Asked on May 23, 2012 under General Practice, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the salon owner for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable hair salon would have exercised under the same or similar circumstances to prevent foreseeable harm).  In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause, and damages.

Actual cause means but for the hair salon, would your hair have been damaged?  If the answer is no, which appears to be the case, actual cause has been established.  Proximate cause means were there any unforeseeable, intervening acts which would relieve the hair salon of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of compensation you are seeking in your lawsuit.  Your damages would be the amount you had paid the hair salon and if you incur additional costs at another salon to have the damage to your hair corrected, that would also be included.  You can file your lawsuit in Small Claims Court.  Your damages should also include the court filing fee and process server fee.


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