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chocolatechip7

Junior Member
I recently went to get eyelash extensions and left the salon with my eyes burning, but thinking the proceedure went ok. When I got home I noticed my left eye had an abrasion and continued to be irritated, sore and very red for 5 days. I contacted the woman 24 hours later when the irritation hadn't gone away and told her I was so frustrated I wanted the lashes off and my money back. She refused and tried to charge me for a removal. I went to another salon and had to pay to get them removed and she told me there that the lashes weren't even done correctly. I went back and told her this new information and said that she should have the integrity to give me a refund since she hurt my eye and now I had the word of a licensed esthetician, that the lashes were put on wrong. She refused. Can I take her to small claims court to get my money back or do anything else?
 


justalayman

Senior Member
Define and explain: wrong

Putting them on wrong does not necessarily equate to causing you injuries, harm, or damages
 

chocolatechip7

Junior Member
meaning of wrong

Wrong as in, she clumped up 2 to 3 of my natural lashes and glued those to one fake one. I told her I felt a pulling and tight sensation on the outer corners of my eyes and she even tried to pull them apart when I mentioned it, and that is why I was having that feeling. It is supposed to be one natural lash glued to one fake one. The seperation of lashes should be obvious, and they were clumped up together. After they grow for a while, since lashes are on different growing cycles I would have had a painful feeling and they would have started turning and twisting, so it's good I had them removed quickly.

Her putting them on isn't what caused my eye injury, but it's just another factor playing into my dissatisfaction to the experience, what I think caused the abrasion was her putting tape on my lower lashes and it rubbed very hard on my eyeball which at first I felt nothing but after a while I told her it was bugging my eye and she didn't remove it because she said she could get glue on my lower lashes. So maybe she should have put the tape on there correctly the first time? When I talked to the other esthetician she also mentioned that normally, people don't use tape, b/c it can irritate the eye. I feel like she doesn't know what she's doing or doesn't care to be more careful.
 

justalayman

Senior Member
To the eye injury: if you have not been to medical professional, it is one of those things you know something is wrong but whether it is an actual injury that affects the value or validity of your claim cannot be determined.

To the installation being wrong: your belief of what the future may hold is not proven. It may have caused no problems or it might have been terribly bothersome. You cannot claim "what if's" because they cannot be proven.

So, what you have is what an esthetician said was an improper installation and no actual damages from that claimed improper installation.

What you would have to prove is that the original application is far removed from industry standards that it can be claimed it should never be applied in such a manner. Just because it may be "wrong" to you and the esthetician does not mean it was "wrong" such that it would allow you the right to demand a refund.

Sometimes the quality may not be on par with the person you went to for a second opinion but that does not mean it is "wrong". While it appears you received a poor quality application, it is not clear that the quality itself would provide a valid basis to demand a refund
 

justalayman

Senior Member
After a bit of research, it would appear that the industry standard is one lash, one extension (I learned something there). It should not be difficult to prove the installation falls below industry standards and hopefully allow you to prevail in court should it get that far.

You may have another action available but since you did not provide the name of your state like you were asked, I cannot say if it is applicable. If there are any licensing requirements in your state of people that install lashes, this issue may be able to be dealt with through the state board that controls the technicians.
 
Regardless of what everyone on this forum thinks, logging a simple small civil claim (up to 5k) is as easy as going to your local district court and filling out a simple form stating the facts of the case. I would want documentation from the other person you went to, pictures, and evidence that you paid. It is a simple process you may not win could be out 150-200 bucks if you lose but it is an easy process and not hard to do at all. I generally like to have 2-3 pieces of evidence for my claim and generally know whether or not I have a good one before I get to that point. Do not let no one on this forum sway you from making a claim, it is up to you to determine that. The judge will look at the evidence and make a determination on the facts you presented. if you and others feel this was a bad experience and you feel that you have the proof to win then roll the dice. The worst thing that could happen is you lose, the best thing that could happen is you win and get your money back. If you lose then be prepared to be out another 150-300 bucks.

Good Luck
 

Zigner

Senior Member, Non-Attorney
Regardless of what everyone on this forum thinks, logging a simple small civil claim (up to 5k) is as easy as going to your local district court and filling out a simple form stating the facts of the case. I would want documentation from the other person you went to, pictures, and evidence that you paid. It is a simple process you may not win could be out 150-200 bucks if you lose but it is an easy process and not hard to do at all. I generally like to have 2-3 pieces of evidence for my claim and generally know whether or not I have a good one before I get to that point. Do not let no one on this forum sway you from making a claim, it is up to you to determine that. The judge will look at the evidence and make a determination on the facts you presented. if you and others feel this was a bad experience and you feel that you have the proof to win then roll the dice. The worst thing that could happen is you lose, the best thing that could happen is you win and get your money back. If you lose then be prepared to be out another 150-300 bucks.

Good Luck
You do know that you are telling the OP to let people sway her, right? It's that whole double-negative thing.
 

justalayman

Senior Member
You do know that you are telling the OP to let people sway her, right? It's that whole double-negative thing.
but even better; he is attempting to sway the OP while telling the OP to not let people sway her.

He's dividing by 0 again.
 

justalayman

Senior Member
Regardless of what everyone on this forum thinks, logging a simple small civil claim (up to 5k) is as easy as going to your local district court and filling out a simple form stating the facts of the case. I would want documentation from the other person you went to, pictures, and evidence that you paid. It is a simple process you may not win could be out 150-200 bucks if you lose but it is an easy process and not hard to do at all. I generally like to have 2-3 pieces of evidence for my claim and generally know whether or not I have a good one before I get to that point. Do not let no one on this forum sway you from making a claim, it is up to you to determine that. The judge will look at the evidence and make a determination on the facts you presented. if you and others feel this was a bad experience and you feel that you have the proof to win then roll the dice. The worst thing that could happen is you lose, the best thing that could happen is you win and get your money back. If you lose then be prepared to be out another 150-300 bucks.

Good Luck
ya know what is funny about that?


I specifically stated I think the OP has a good chance of prevailing (of course as long as she has her ducks in row).

Then you come along and attempt to tell her to not let people sway her from filing a suit.
 

chocolatechip7

Junior Member
Washington

I live in the sate of washington.

So I can take this to small claims.....but I may lose. Why would I lose over 100 dollars again though? Is that how much it costs?
Well I would only want to take it if I had a good chance. I took some pictures but my phone is not the best quality. I have a witness who was there the second time when I was trying to get my money back and she attempted to separate some of the lashes, as well as for the removal. Maybe if the other Esthetician would be willing to write a testimony of what she told me I could use that too.

Is this good enough for a small claims case then? Or do I have more options?
She works for Novalash and I called them to file a complaint but they weren't very helpful either.

Thank you all for your replies.
 

justalayman

Senior Member
there is always a chance of losing. It is guaranteed that 1/2 of the parties in most suits are going to lose.:p Somebody wins; somebody loses.



to win a case you have first, be in the right but more important; you have to be able to prove your case with at least a preponderance (anything more than 50%) of the evidence supporting you. You don't get to walk in and just make a claim and win. You have to prove your claim is valid. You do that bringing evidence to support your claim. In your situation, proof (and not merely your statement that you read somewhere) that the application was not acceptable in terms of industry standards.


She works for Novalash
that's good. Theirs is one site I happened to look at. I recall they specifically stated: one lash, one extension


Maybe if the other Esthetician would be willing to write a testimony of what she told me I could use that too.
statements, or even affidavits (sworn statements) may or may not be accepted by the judge. Generally it would not be acceptable as evidence but a small claims court tends to be looser with such matters. They may give it some weight but just the same, they may refuse to even read it. If they could be there as a witness would be much better.

I would suggest you also scour manufactures sites to show that they all explain the proper installation is one lash, one extension.

as to how much you would lose: I have not checked to see the costs of filing and serving the defendant. $100 would not be extreme for such costs. If you lose, you don't get those back.
 

chocolatechip7

Junior Member
Oh geez....The esthetican would be willing to write something, I called her...but to come in as a witness...No. She is one busy lady and is booked everyday for three weeks, I know she would not have the time to sit in court room.

I don't know how to prove that she hurt my eye. It's just my word, I know she did though, there was nothing else I did but see her then go to bed because I couldn't take the burning so I tried to sleep. My right eye was fine, she just messed up the left.

She did apply lashes wrong though comparing it to their standards, so that I can prove.

(I didn't read all the way back to some posts so no I ask this) When I confronted the girl who did my lashes I wanted a refund because I felt she did not do a good job (the lashes clumped together), she had poor customer service and she hurt my eye.
Are you saying that that is not enough to even ask for a refund?

So will I even have a chance at a court case...? I feel like I don't...but I don't understand how you can go into a business and not get what your money back when you're not satisfied. If I get a coffee and it doesn't taste good, they will remake it or I can get a refund. If I go to a restaurant and am not happy with my food, they'll comp. your food. When I took my dog to the groomers and they knicked my dog, they offerd to pay for the grooming. Why is my eye being hurt and the lashes not being applied properly not good enough grounds for a refund??

Sorry if I'm going in circles. I'm so frustrated I want my money back this was a very expensive procedure. I'm more mad at myself that I did it in the first place..
 

justalayman

Senior Member
Are you saying that that is not enough to even ask for a refund?
you can ask for a refund for any reason you wish.

What we are talking about if having a court require her to give you a refund. Two very different issues. To be owed a refund, you will have to prove you did not receive what you bargained for or that you were damaged in some way and a refund would remedy that.


Often times, poor quality work does not justify a refund. If a person bought a cheap product, they should expect it to be a cheap product. You do not get to argue that it should be equal to a more costly higher quality product.

In your case, the eye injury is not likely to be worth anything (money wise). You did not seek medical attention and presumably it has healed with no issues. The only thing that would give you a valid claim for the refund would be that the application of the lashes was so terribly bad that it is not what you were promised and it was not acceptable in the industry. That is what you have to prove.

From what you have described, I thinnk you have a great chance in court...IF you provide proper support for your claim. If you walk in there with nothing more than a statement of:

she did a crappy job and scratched my eye

you will walk out a loser.

You have to prove your claim.
 

chocolatechip7

Junior Member
I understand.

One post said that a written statement might not be taken in court...if that is my only proof that the eyelashes were clumped together, is that enough? How do I find out if they will take a statement? I don't think I could get anything but something written down from that esthetician...

I knew I should have gone to the doctor...I was going to but my family told me that they wouldn't help heal my eye, that would just take time. But at least then I would have had him write if it was an abrasion or not..which I am confident it was. There was a very prominent line where the tape was placed, I know it was from the tape rubbing my eye raw.

Thank you again.
 

justalayman

Senior Member
what you should have done was:

see a doctor if you thought the injury warranted it and

taken pictures of the poor quality prior to having them removed


a lot now relies on the statement or testimony of the esthetician. As I said before, taking an affidavit and not the person as a witness is a huge risk. That alone may lose the case for you. The judge cannot ask a piece of paper questions. The judge cannot speak with the affiant to determine if they are being honest either. That can make a huge difference.

Just how much money are we talking here anyway? I do not know anybody that uses lash extensions so I have never heard a cost for the process.
 

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