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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46153
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I would like some guidance on writing a letter of complaint

Resolved Question:

I would like some guidance on writing a letter of complaint for compensation from a salon after an eye brow tint went wrong and caused my face to blow up like a baloon.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Just to clarify this is a Q&A site where the fee would cover discussion or advice about your legal position. If you need a letter drafted then that is an additional service and would cost extra. I can discuss that with you on more detail ifnotnisna service you wish to use?
Customer: replied 1 year ago.
I could write to the proprieter myself, i just need to know how to word it effectively.
Expert:  Ben Jones replied 1 year ago.
When I mentioned us writing it I did not mean actually sending a letter to them but drafting it. So drafting a letter from scratch is an additional service. If you just wanted me to tell you your legal position then I can do that for the initial fee. Hope this clarifies?
Customer: replied 1 year ago.
Yes that would be great if you can do that as it would help and give me an idea of how to present myself.
Expert:  Ben Jones replied 1 year ago.
ok will do, can you please briefly explain what has happened sop far and how you ended up in the position you are in?
Customer: replied 1 year ago.
I went to salon to have some false eye lashes done, the proprieter suggested having my eyebrows tinted as they were barely noticable. I agreed as i thought she knew what she was doing. She applied the tint and left it on for roughly 20 minuites, after that she threaded my eyebrows to shape them. It was not until later that evening my eyebrows started to itch and burn, by the following morning my eyelids started swelling and by monday morning my face had swollen up and my left eye was litterally closed. I went to see the doctor who said i had an allergic reaction, the doctor gave me a anti hystermin tablet and some anti biotic tablet. As the day progressed the swelling got worse and i went to the hospital as suggested by the doctor. The doctor at the hospital said i had a very bad reaction to what was used and prescribed stronger anti biotics he also noted it on my priscription.
Expert:  Ben Jones replied 1 year ago.
To be able to claim for compensation for an allergic reaction following eyebrow tinting you need to be able to show that the person applying the treatment failed in their duty of care and was negligent. As you can imagine the salon cannot be expected to know that you had any specific allergies so in the first instance you need to consider whether you knew you had an allergy to a particular chemical and advised the salon accordingly. You then must show that the salon had that specific chemical applied to your hair. If they did that it would be a clear case of negligence and a serious failure in a duty of care. Another common way of claiming is of the salon had not performed a skin patch test or insufficient time has been allowed to check for an allergic response prior to the tint being applied. If a patch test was not performed prior to the application of the product, this would be negligence and compensation for an adverse reaction could be claimed. An allergic reaction to a patch test itself would not give you grounds to make a claim, unless the person performing the patch test was negligent and did not perform the test correctly (such as applying too much tint to your skin). Generally, the patch test should be performed 24-48 hours prior to the treatment commencing as an allergic response can take a while to become apparent. A specific source on claiming compensation in these circumstances states: “If you were offered a patch test and you turned it down, it is unlikely that you would be able to successfully claim compensation for an adverse reaction to tinting eyebrows. You would be deemed to have been negligent with regards ***** ***** own personal safety, and primarily responsible for your own injury. An exception would be if you were offered a skin patch test, but the reason for the test was not explained properly and you were not made aware of the risk of an allergic reaction to eyebrow tint. Even when a patch test is performed, it may still be possible to make a claim for compensation for an adverse reaction to tinting eyebrows. If tint was applied after eyebrow waxing, this would have left the skin pore open allowing tint to enter. Eyebrow tint should never be applied while the pores are open. Salon staff should be aware of this and would have received training on the correct use of tints and dyes.” I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
I was never offered a skin patch test and when i went back to the salon they would not disclose what product or chemical they used. I do not recall having a reaction to a tint although this was my first eyebrow tint.
Expert:  Ben Jones replied 1 year ago.
If they did not do skin patch test r did not ask you if you are allergic to anything then they are most likely to have acted negligently in the circumstances and breached their duty of care. Dos this clarify things for you?
Customer: replied 1 year ago.
Yes it does. How much would it cost for you to draft a letter on my behalf?
Expert:  Ben Jones replied 1 year ago.
I have provided details in your relation to your request
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46153
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am happy with the information that you have provided and would like you to draft a letter on my behalf. I believe it would be according to the fact that no patch test was offered.
Expert:  Ben Jones replied 1 year ago.
Thank you for accepting the offer. Please find draft letter below – any text in square brackets is for you to fill in with the relevant details and obviously remove the brackets before sending. I have drafted this based on the limited information I have so if something does not quite match what happened then feel free to change it as you see fit: Dear Sir/Madam [or a specific name] Personal injury – Eyebrow tinting on [DATE] I refer to the above mentioned incident which occurred on your premises on [DATE]. I initially attended your salon to have some false eye lashes fitted and was advised that I may also benefit from having my eyebrows tinted at the same time. I decided to go ahead with the tinting as I presumed that a professional salon, which had also offered me this service, would be competent in this procedure. The proprietor proceeded with the tinting procedure, applied the tint to my eyebrow area and left it on for approximately 20 minutes. She then treaded my eyebrows to shape them. Everything appeared satisfactory until later that evening when my eyebrows started to itch and burn, which caused a very uncomfortable and painful feeling. By the following morning my eyelids had started to swell considerably and by Monday morning my face had swollen up to such an extent that my left eye was practically closed. I immediately sought medical attention and was advised by a doctor that I had suffered an allergic reaction to the tint. I was prescribed anti-histamine tablets, together with a course of antibiotics. As the swelling worsened during that day, I was eventually forced to go to the hospital where a severe allergic reaction was confirmed and I was prescribed stronger antibiotics to aid in my recovery. I hold you legally responsible for this incident as I believe that you failed in your duty of care and acted in a negligent manner when undertaking this procedure. You did not perform a skin patch test; in fact it was not even offered to me or mentioned. Any reasonable person undertaking such a procedure would have been expected to undertake such a test. Additional time should have then been allowed to check for an allergic response prior to the tint being applied. As a patch test was not performed prior to the application of the product, this would amount to negligence on your part. I therefore wish to discuss appropriate compensation for the injuries, pain and suffering caused by your negligent actions. I have taken legal advice on the matter and am confident that any formal claim would result in at least a four-figure sum to compensate me for the personal injuries suffered. Whilst the formal legal route is something I am sure we would both like to avoid, I do reserve my right to pursue this if no reasonable settlement is agreed. I look forwarding to hearing from you with a reasonable and fair offer for compensation. Yours faithfully [NAME]

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