I took my 2.5 year old daughter to my hairdresser before our move out of town and the stylist braided it into a pony tail and put beads on the end. One of the beads she failed to pull down all the way. 2 weeks later while on family vacation I notice a smell coming from my childs scalp, I remove bow to find that the bead had embedded itself into my childs scalp. I informed the hairdresser, took a picture and took her to the emergency room, there was infection developing around the bead. I informed the hairdresser that I wasn't sure what the emergency room cost was but that she would need to pay it. She initially said she would try. I contacted her with the bill and now she is saying that it wasn't her fault and that my child could have caused the damage herself. Do I have a strong case if I take her to court? Do I need an attorney present? The bill was $122, but now my child has a bald spot in her head...what can I do?
1 Answer from Attorneys
You probably have a pretty big proof problem. Basically, 2 weeks went by and neither you, the child or anyone else noticed anything wrong. So when the hairdresser says the child could have caused the damage - that's a pretty strong defense. Also, unless the child is going to suffer a permanent injury it could literally cost you more to file a suit than you would recover. You may want to consider a compromise with the hairdresser where you acknowledge that if it was the hairdresser's fault, it was done accidentally and maybe request a free service or two from the hairdresser.