Question

Sam's Beauty School is a privately owned beauty school that trains cosmetologists to earn their cosmetology license to become hair stylists and colorists. Sam's is open to the public for all hair services; students perform hair services for clients under the supervision of licensed cosmetologists that work at Sam's. Jan went the Sam's to have her hair colored dark brown as she had done many times, although this was Jan's first time as a client at Sam's. Tom, a student trainee at Sam's, colored her hair. Jan's hair turned green and fell out within 24 hours. Jan had never had any problems with hair color previously. Jan sued Sam's for negligence. Who wins and why? Be sure to provide the elements of negligence and how they would be applied in this case. Also raise any defenses to negligence that Sam’s may have.

Answer 1

It is mandate that every beauty schools should provide proper guidance to each customer just to satisfy the customers need and render proper service. If they allow the trainees to deal with the clients then proper supervision is needed so that the trainee avoids any kind of accidents to the clients. In this scenario we see that Jan was given service by a trainee who was not fully educated about the product to be used or might be he missed some important step while coloring Jan’s hair hence this resulted in damaging her hair causing hair fall. This is total negligence by the beauty school and Jan has full right to sue Sam’s because she had to suffer due to their negligence. “A person who acts carelessly-unreasonably, without due care-breaches the duty of care, and such conduct is characterized as negligent."

The elements of Law of Negligence:

Duty: mentions, the duty was not provided in a socially responsible way with a basis of judging the propriety of behavior thereafter.” The beauty school here failed imply with their duty to the customer.

Breach: "Normally referred to as the defendant's breach of duty, this element implies the preexistence of a standard of proper behavior to avoid imposing undue risks of harm to other persons and their property, which circles back to duty.The beauty school failed to provide licensed supervisor in this case and caused the harm to its client due to negligence.

Cause: The lack of proper supervisory of the expert here lead to this cause of damage. The hair fall of Jan shows the negligence of the beauty school.

Harm: Jan was harmed due to the negligence of the school, which turned her hair color in green and fell off within 24 hours. Here we can see that the school failed in their duty and resulted in hair loss, hence the beauty school is guilty and Jan will win she sues the beauty school in the court.