The Kaluzhanka woman went to court, indicating that in the summer of 2023 she visited a beauty salon located in the city of Kondrovo to dye her hair.
She paid 1,500 rubles for the service provided.
The artist who carried out the dyeing, without making a preliminary test for sensitivity, applied the dye to the plaintiff’s hair. The duration of the procedure was about 3 hours. The next morning, the victim began to experience severe itching of the scalp and redness of the scalp. In the second half of the same day, the itching of the scalp intensified, swelling appeared, and the redness increased, after which the plaintiff went to the Central Medical Hospital No. 6, where she was diagnosed with an allergic reaction.
The next day, the plaintiff’s condition worsened, and after returning to the hospital, she was urgently hospitalized with a diagnosis of an immediate allergic reaction: Quincke’s edema.
The victim was in hospital for 5 days, during which she lost her earnings. In addition, she was dissatisfied with the overall quality of the service, since the hair was not fully dyed.
In response to a pre-trial claim for compensation for damage caused, the master hairdresser responded that in order to resolve the dispute, it was necessary to establish a cause-and-effect relationship between the allergic reaction and the coloring performed.
Having gone to court, the plaintiff asked, in connection with the physical and mental suffering she had suffered, to recover from the hairdresser compensation for damage caused as a result of poor-quality services, compensation for moral damage in the amount of 100,000 rubles, as well as a fine.
At the court hearing, the plaintiff supported the claims, the representative of the defendant partially admitted the claims.
In accordance with the provisions of the Civil Code of the Russian Federation, harm caused to the life or health of a citizen due to design, prescription or other defects of a product, work or service, as well as due to unreliable or insufficient information about the product (work, service), is subject to compensation by the seller or manufacturer of the product, person who performed the work or provided the service (performer), regardless of their guilt and whether the victim was in a contractual relationship with them or not. Within the meaning of Article 14 of the Law of the Russian Federation “On the Protection of Consumer Rights,” harm caused as a result of deficiencies in the work or service is subject to compensation by the contractor.
Guided by these provisions of the law, the Dzerzhinsky District Court, after listening to the arguments of the parties, questioning witnesses, examining the materials collected in the case and evaluating them, partially satisfied the claim and recovered from the hairdresser in favor of the victim the cost of hair coloring services in the amount of 1,500 rubles, lost earnings in in the amount of 2095 rub. 89 kopecks, compensation for moral damage in the amount of 30,000 rubles, a fine for violation of consumer rights in the amount of 16,797 rubles. 45 kopecks, and in addition, transportation costs, costs for visiting an allergist-immunologist and costs for laboratory testing.
The decision has not entered into legal force and can be appealed.
