Professional negligence. How not to get sued?

Unsatisfied clients can be a living hell on their own. However, sometimes one of them decides to take things to the next level and threaten to, or actually, sue you. It’s stressful enough when a client threatens you with a lawsuit, but getting an official note later on can easily make you lose your composure. Thoughts buzz in your head like in a beehive. Is the client in the right? Can they really claim compensation for, what they say, was your negligence? And is there any way to secure your business from getting sued by an unhappy client?

Professional negligence explained

Most compensation claims beauty salons get are based on the law regarding the so-called “professional negligence”. You see, whenever you provide any professional services, you owe your customer the duty of care, which assumes you will behave professionally and deliver services (and advice) up to the industry standards. If the service doesn’t live up to its expectations and the customer suffers as a result of your failure, you are guilty of professional negligence. It sounds kinda non-specific, doesn’t it? Well, let’s take a closer look. To claim professional negligence, a customer has to prove that these four things have happened:

• Duty of care - the customer entered an agreement in which they were owed a duty of care.
• Breach of duty - the specialist has fallen below the standards of a reasonably competent professional.
• Causation - the loss that the customer experienced has been caused by the negligence (it’s an important part - the client may not have a claim if the loss would have occurred regardless of the assumed negligence).
• Loss - the negligence resulted in a financial loss, physical damage or any other injury of the client.

Examples of professional negligence and how to avoid them

Okay, so that’s the theory. But what does it really mean in practice? Basically, if you do something, or just the opposite - fail to do a thing, that has a negative effect on the client, you are being negligent.

• Product misuse It may sound like a truism. However, it is very important to understand that using a product outside of the manufacturer’s guidance can get you in serious trouble. For example, one of the most notorious cases is colouring client’s eyebrow with a hair dye - many hair stylists agree to do this on the customer’s request, as they want their brows to match their new hair colour. However, you should always refuse such requests, as it takes legal responsibility away from the dye manufacturer. This then will void your insurance if a customer files a claim against you.
• Working outside the scope of your license Remember that your license allows you to perform cosmetic procedures, not medical ones (unless, of course, you actually do have a medical license). Work within your scope of practice, no matter what the client requests. If you have any safety concerns, it’s better to refuse the service.
• Giving advice outside of your purview It’s not only the actual procedures, but also giving advice on things that are not in the scope of your license, that can get you in trouble. Forget about recommending home remedies for getting rid of nail fungus or scalp irritation. You are not only not allowed to give such advice, but also obligated to recommend the customer to see the doctor. Don’t be afraid to say that something needs medical guidance - and to refuse service on such client unless they have a doctor's note.
• Failing to find out all the information needed, especially the client’s health history In-depth consultations sound like a part of extraordinarily good customer service. However, they should be considered a standard procedure. According to the law, it’s up to the service provider to ask the client specific questions about their state of health, as the customer may not be aware of what is relevant in their case. This is why it’s crucial to make records of everything the client tells you and store the information safely, preferably with the exact date of the consultation. It’s not only a guide for you and your team members, but also a potential piece of evidence if the customer decides to take legal action. Let’s put it straight: forget about sticky notes and notebooks, you need far more reliable storage, both easy to access for all employees and fully secured. Booksy customer records were created with such a purpose in mind.
• Not warning the client of all potential risks If a service you provide may have any potential negative effects, it’s your duty to inform the client about them before you start performing it. Communication with your clients is your best protection against a lawsuit. It’s best to prepare a list of subjects to touch upon and hand it to all of your employees.
• Not providing information about maintenance and supervision Now, your duty doesn’t end the moment a client walks out of your salon. If the service you provided requires any specific maintenance, you are obligated to inform your customers about it, even if it may seem like a no brainer. It’s especially important with services such as PMU, where the proper aftercare affects the final outcome to a very high extent. You are also required to answer all potential questions your clients may have afterwards and to recommend them to contact a doctor whenever they complain about any medical issues.
• Not training your staff properly Sounds obvious? Don’t let yourself be fooled, even if your team members are exquisite specialists, they may fail to follow safety and customer service rules that may potentially put them at risk of being sued for professional negligence. Make sure that everything you know (see: earlier points) they are aware of as well. The wisest thing to do is to write down your procedure guidance in which you clearly state the necessity of initial consultations, allergy and strand tests and so on, and then hand it to every employee. Also, control whether your staff members actually follow these rules and be very strict about it!
• Failing to ensure all your staff members are properly certified Once again - sounds like a no-brainer, but make sure each of your team members provides only the services that are in the scope of their license. If the customer threatens your salon with a lawsuit and it becomes proven that the employee who provided the service wasn’t properly licensed, both of you will be in big trouble.
• Not keeping your workplace safe As a salon owner, it’s your duty to ensure all dangerous chemicals, heating tools and sharp objects are kept safe. Remember to secure slippery surfaces and mark any steps with appropriate signs.
• Sharing confidential client data Due to all the data security regulations, you are compelled to keep your clients safe not only in a physical sense but also to safeguard their confidential data in your records. Additionally, if your salon is located in the UK and other parts of Europe, you've more than likely heard about GDPR. You can easily face legal charges for leaking their personal information, so having a trustworthy solution is all the more important. Booksy allows you to set personalised access settings, different for you and your employees, so it’s up to you to decide who will have access to customer confidential data. With Booksy, you no longer have to worry about the possibility of having your records stolen or losing them in your pile of papers.

It's not everyday that one of your clients decides to claim compensation from you - it's actually super rare. In most cases, the unhappy client prefers to settle on a fix or a refund. However, during your career, you will be faced with a few cases of customers that simply can’t let it go, even if you offer them a profitable solution. Apart from being conscious about your actions, you should also seriously consider investing in a proper insurance and getting professional advice from your insurer whenever a legal dispute takes place between you and a client. Also, it can’t be said enough times that keeping solid records is the basis of every responsible business owner. It may happen that your client tries to prove that you butchered their hair, nails or skin, while in reality they simply got something done in another salon or at home. Document every appointment by recording the client’s name, contact info, and service performed with a photo of the final outcome and a clearly stated date. Make sure all the data is safe and fraud-proof by keeping it in your Booksy system. Andyour Booksy system. And what if you in fact have injured a client? Own up to your mistake. Secure yourself from unfair allegations, but always stay true to facts and take responsibility. Both your business and your clients deserve it!