eyebrows 1st degree burn, cosmetolegist irate

[innanas]

What is the name of your state (only U.S. law)? Montana

The above link are pictures from the accident. I was not upset, I just wanted the cosmetologist to know what happened. The woman started yelling at me, said I was allergic although I have been getting waxed at this establishment for 2 years. She did not ask if I needed anything or if there was anything she could do for the pain. Instead she threw me out of the building and told me never to come back. She refuses to let me speak to owner. I got documentation from hospital that it is in fact a 1st degree burn. I contacted State board and they welcome the complaint. Many people have recently complained about the professionalism of this particular licensed cosmetologist.

[justalayman]

so, did you have a question about the incident?

[innanas]

I was told by another salon that licensed cosmetologist/salons in Montana have to have malpractice insurance. Do I have a malpractice lawsuit not only for the burn but also for the lack of compassion by the cosmetologist?

[ecmst12]

Lack of compassion is not actionable. DAMAGES are actionable and a first degree burn (which is very minor, some redness and a little blistering, and should heal completely without scarring) is not damages.

[innanas]

What about getting them to pay for my emergency room visit? It seems that should at least be paid.
The cosmetologist also talked bad about me to my co-worker. My co-workers sister works there. My co-worker went in for a haircut by her sister and the irate cosmetologist would not stop talking about how dare I tell her how to do her job, carrying on about how hard it is be her and so forth. My co-worker changed the subject after telling her that my eyebrow was burned.
Can poor customer service and defamation of character, let alone the 1st degree burn, be cause for a penance placed upon the salon which requires compensation to me?

[ecmst12]

She should pay for your actual medical bills, even though it probably wasn't necessary for you to go to the ER, but not a penny more. Poor customer service is not something you get to sue for!

[CJane]

Originally Posted by ecmst12

She should pay for your actual medical bills, even though it probably wasn't necessary for you to go to the ER, but not a penny more. Poor customer service is not something you get to sue for!

Is there a 'reasonability' standard that applies? IMO, it's completely unreasonable to go to the ER for something as minor as a 1st degree burn from being waxed. You DO, afterall, take on SOME responsibility for potential injury when you let someone put hot wax on your face. Not like you don't KNOW it's hot. Yes?

Also, wouldn't the cosmetologist only (potentially) be responsible for the OUT OF POCKET expenses? As in, the co-pay or whatever OP's insurance didn't cover?

[ecmst12]

The salon should pay for the whole bill and then OP will have to reimburse her insurance company for whatever they paid towards it.

There ARE standards for wax temperature, and while we don't know whether OP is just extra sensitive or if the machines were just running a little hot that day (probably the latter since she'd never been burned through many previous waxings), a burn is a known risk and an accident. If OP really felt the need to go to the ER, even if just to be told to put some ice on it and it would heal fine, that's not something the shop can really argue because "emergency" is in the mind of the person with the burn. So I do think they should pay the bill.

However there is still not enough evidence to prove actual negligence and there are certainly no damages sufficient to warrent any compensation beyond the one bill.

[innanas]

This is where I am probably confused. I have spoke to an attorney here in Bozeman who says pretty much the same as the comments on this board. Their is no permanent scarring so their is no liability.
My question is then why would the state board levy fines and even remove a license from a cosmetologist for non professional conduct towards clientele and recklessness using a wax machine because she is having a bad day. If the state board can do that then why couldn't a client take the salon to court?

[ecmst12]

That is apples and oranges. The licensing board can take action if she does not act in accordance with her licensing guidelines. But a LAWSUIT requires DAMAGES. Those are two totally different things.