Chemical Products – Permanent Hair Loss, Chemical Burns and Scalp Burns

CHEMICAL PRODUCTS I PROFESSIONAL NEGLIGENCE I PERSONAL INJURY I PRODUCT LIABILITY I BURN CASES I NEGLIGENCE I CASE STUDY: Licensed Cosmetologist’s negligent application of chemical products resulting in Permanent Hair Loss, Chemical Burns and Scalp Burns

September 13, 2023

Chemical Products – Hair Color Negligence – Professional Negligence

A licensed cosmetologist owes their customers a duty of care when applying bleach, hair color and other chemical products. When hair color, bleach and other chemical products are applied without proper care, the duty to utilize due care is breached. Additionally, if the cosmetologist works or is employed by a larger facility, that facility may also be liable for negligent hiring, training, and supervision of an employee.  Beauty salon employers have an obligation to adequately train and/or supervise their licensed cosmetologists. If a hair salon fails to satisfy their duties and a customer is injured as a result the hair salon/ beauty salon can also be found liable for negligence and professional negligence.

Chemical Burns – Permanent Hair Loss – Scalp Burns

Chemical burns, also known as caustic burns, are injuries to the skin, scalp, mouth, eyes (external burns) or organs (internal burns).  Caustic burns are most often caused by either strong acids or strong bases. Scalp burns at hair salons or on the scalp often result from the negligent use of hair color, stripping agents, cleaning products, chemical products, home products and lightening products.  Chemical burns and caustic burns can also be caused when seeking out professional services by licensed cosmetologists. Resulting chemical burns and caustic burns to the scalp due to the negligent application of chemical products or professional negligence can cause excessive hair loss and possible permanent damage to the hair follicle.

Chemical burns resulting from hair coloring and other chemical products, whether at a professional hair salon or when purchased from online forum, such as Walmart, CVS, Rite Aid, Target or Amazon is not uncommon. Professional salons negligently applying hair color and other chemical products may also result in chemical burns, caustic burns and scarring to the scalp, face, hairline and in some instances permanently damage the hair follicles resulting in permanent hair loss. If you sustained injuries as a result of hair coloring products or while receiving professional hair coloring services there can be several causes of action that may include: product liability, professional negligence, negligence and other personal injury claims.

CASE STUDY – Plaintiff sustains Chemical Burns, Severe Scalp Burn and Permanent Hair Loss after Fantastic Sam’s employee negligently applied hair color and a Stripping Agent directly to the Plaintiff’s Scalp

A 24-year-old female went to a Fantastic Sam’s in California for professional hair coloring services. The licensed cosmetologist failed to follow the manufacturer’s instruction prior to utilizing the chemical products. Specifically, the application of the hair color was negligent because both the hair color and the stripping agent were applied too closely to the Plaintiff’s scalp. Further, the hair color and stripping agents was left on the Plaintiff’s head for too long.  Aggravating the chemical burn and the chemical products on the Plaintiff’s scalp, was the fact that she was placed under a hairdryer. The hot air from the hairdryer intensified the pain and injuries. The Plaintiff complained about burning to the scalp while sitting under the hair dryer for roughly 15 – 20 minutes and the burning sensation intensified when the chemical products were being washed out of her hair.

Damages Resulting from Fantastic Sam’s Negligence

Following Fantastic Sam’s professional services, the Plaintiff sought out medical treatment to address her scalp burns. After litigation had initiated and discovery exchanged it was revealed that the chemical products were left on the Plaintiff’s scalp for too long and placing the Plaintiff under hot air was against the manufacturer’s directions.

Chemical Burn Jury Trial – The Verdict

Permanent injuries included: Scarring, 2^nd degree burns, 3^rd degree burns, chemical burns, scalp burns, permanent hair loss, damage to hair follicles and emotional distress. Following a jury trial, the jury found that Fantastic Sam’s was negligent and liable to the Plaintiff for $344,857.00 in compensatory damages.

CASE: Christa Dabbs vs. Myung O. Kang dba Fantastic Sam’s, Myung O. Kang, as an individual, J & Alice, Inc. and Mae Im; Verdict: December 07, 2000 (Superior Court of California; County of Los Angeles – Central; Case Number: BC 213 471) Causes of Action: Negligence – Professional Negligence – Personal Injury; Resulting Injuries: Chemical Burns; Scarring, Emotional Distress; Permanent Hair Loss; Scalp Burning, and Psychiatric Damage caused by Scarring and Hair Loss.

For more articles discussing product liability please see the links below:

• PERSONAL INJURY I PRODUCT LIABILITY: California Product Liability Law: Oil Lamp From Target Came With Wrong Instructions – Products Liability – Failure To Warn – Negligence – VERDICT: $195,628.00
• PERSONAL INJURY I PRODUCT LIABILITY I CASE STUDY: AMAZON LIABILITY FOR DEFECTIVE PRODUCTS – PRECEDENT RULINGS HOLDS AMAZON LIABLE FOR PRODUCT LIABILITY CLAIMS JUST LIKE ANY OTHER DISTRIBUTORS AND SELLERS

• PRODUCT LIABILITY: TAKATA AIRBAG RECALL
• PRODUCT LIABILITY: DEFECTIVE CO2 WINE OPENERS
• AMAZON PRODUCT I BURN CASES I BURN FROM FIRE I PRODUCT LIABILITY I CASE STUDY: AMAZON PRODUCT BURN – CUSTOMER SUSTAINS BURN FROM FIRE COMING OUT OF A DEFECTIVE AMAZON BLOW DRYER

There are two types of product liability claims.  Strict product liability claims versus negligent product liability claims are discussed in the articles linked below:

• PERSONAL INJURY I PRODUCT LIABILITY: PRODUCT LIABILITY – STRICT LIABILITY (MANUFACTURING DEFECT, DESIGN DEFECT, FAILURE TO WARN) AND NEGLIGENCE  

Compensatory damages in personal injury actions, including negligence, premises liability and product liability cases are linked below:

• PERSONAL INJURY / DAMAGES – Compensatory Damages For Personal Injuries
• PERSONAL INJURY – Personal Injury Damages – Compensatory Damages

To better understand what types of damages are recoverable in product liability cases and other personal injury cases, links are included below:

• What are Compensatory Damages?
• Compensatory Damages in a Personal Injury Action
• A discussion on the differences between punitive damages and compensatory damages

Articles discussing chemical burn cases as it relates to hair coloring products and professional hair coloring services are linked below:

• PERSONAL INJURY I PRODUCT LIABILITY I BURN CASES I CASE STUDY: Defective Hair Coloring Product From Walmart Stores Resulting In Hair Loss, Chemical Burns And Irritation To The Scalp
• PERSONAL INJURY I PRODUCT LIABILITY I BURN CASES I CASE STUDY: Casino Patron Ingested Dangerous Chemical While Drinking From What She Thought Was A Water Bottle Sustaining Chemical Burns To Her Esophagus – Verdict For Plaintiff: $3,254,308.
• EXCLUSIVE: WOMAN SUES GARDEN GROVE SALON FOR ALLEGEDLY CAUSING HER HAIR TO FALL OUT:  chemical burns from hair bleach, hair salon chemical burn

If you or someone you know has been injured by a defective product or sustained a chemical burn from a product, we invite you to call us today at 619-432-5145 for a free consultation with one of our experienced product liability attorneys and California chemical burn lawyers.