Q: I am an exotic dancer, and my long red hair was part of my stage persona until a hairdresser ruined it. My regular hairdresser was out on maternity leave when I needed it colored, so I went to a different one, and she ruined it. It’s pink, and it keeps breaking. Now they are calling me “My Little Pony” behind my back at the club, and I have had to change most of my act. Can I sue the hairdresser who did this? It will take years for me to grow back my signature hair.
A: Maybe. To be successful, you will have to prove that what she did was wrong – the fact that it turned out wrong isn’t enough to prove negligence or malpractice. You will have to prove that she did something other than what most reasonable, responsible professional hairdressers might have done, the way they might have done it.
The hairdresser will defend by trying to prove that she did everything according to the book, but that the process came out wrong as the result of a mistake or “an act of God” (which really is a legal term) and not because she did her job poorly. Without more facts, it is difficult to assess what the likely outcome would be.
Collectability may be an issue. If it turns out that the court agrees that the hairdresser did her job poorly and owes you money, it doesn’t mean that you will actually get it. Unlike doctors and lawyers, hairdressers generally do not have malpractice insurance.
So if you did succeed in winning a judgment, the actual money would have to come from the hairdresser, and even if she has the money, it may be very difficult to collect what the court has said she has to give you. Taking her back to court to force her to sell off her car or something like that to pay you would incur more expense for you and is not likely to succeed.
The most hopeful scenario for you would be if the court agrees that this hairdresser didn’t perform to reasonable professional standards, and you were directed to her by your salon. Then you would sue the salon, which most likely does have liability insurance. But if you chose her yourself, it is unlikely the salon would be liable.
As you can see, there are a lot of facts that have to be investigated, considered and weighed in order for an attorney to give you good advice in this kind of situation. Under all the right circumstances, this could be a winning case for you. But if things don’t line up just right, it could be a frustrating experience. Find an appropriate attorney and get an informed legal opinion.
This column is a service of the Lawyer Referral and Information Service of the Maine State Bar Association. Its contents are a general response to the question and do not constitute legal advice. Questions are welcome. Just go online to AAL@mainebar.org, describe your question and note you are a BDN reader. Written questions mailed to “Ask a Lawyer,” Bangor Daily News, P.O. Box 1329, Bangor, ME 04402-1329 will be forwarded to the LRIS.
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