Small claims tribunal in WA

voteoften on 21/09/2014 - 17:14

In May, I went to have my face totally transformed by a brow wax.

The salon was notionally high end. The girl was disinterested and did not even introduce herself.

She did something wrong, most likely not holding my skin taut and my skin was ripped off my eyebrow. She told me it was just a bit irritated and put some soothing lotion on it. As the soothing lotion was a moist concoction, I didn't relise that the skin had been ripped off. Just that it was sore and shiny in the affected area. A few hours later I went somewhere else for a microderm. They were like WTF! Your skin has been ripped off.

I called the first salon the next day as my eye got puffy and gross. They did not return my call, so I called and said I am on my way. I am furious and someone will see me when I get there.

They returned that call and said they were busy and were waiting until the end of the day (saturday) to return my call.

I arrived and the girl says they have no procedure in place for when this happens and offered me a trial size of some beauty cream to put on my wound. I insisted they should have some doctor they referred people to when they damaged them and she said no. I left without the bogus sample of some beauty cream.

The next day my eye was worse. AND IT WAS MOTHER'S DAY. No photos for me.

I went to the after hours clinic and got a prescription.

Days later the owner of the salon called and acted like she was concerned and wanted to give me a free beauty treatment. I said that will not happen, but you can pay my medical bills. There was a LOOOOOOOOONNNNNNNGGGGGG pause while this woman sat there and made a decision. She agreed.

I received an email from their reception saying send me your bills and we will pay you. I was in the process of moving so sent them in August in response to that same email. I have not been paid nor have they bothered to respond.

I sent a second email saying pay me or I will complain to any regulatory body I can find and start a case with the small claims tribunal.

By ignoring my payment request, they have breached our agreement and I now have to pursue them in court for less than $200. I am furious because I was so reasonable with them and could have possibly demanded much more as I had massive scabbing and it was so embarrassing and gross. And they did NOTHING to help me when I needed help and advice.

Does anyone know what a reasonable figure for "damages" would be for stuffing up someone's face over mother's dday and for a couple of weeks after?

Small claims will be at least $94 and that fee is not recoverable. I am well off so don't really care about the fees. I do not want to sell myself short when I lodge my claim. Nor do I wish to appear unreasonable to the court.

The best thing about filing a case is that I believe it will appear on their credit rating.

Any advice on $ damages and also procedure/tactics?

General Discussion

Comments

  • Almost Banned on 21/09/2014 - 21:57

    While I think there is no problem with claiming your medical bills and/or any direct costs I think it'll be difficult to get additional damages for emotional pain/distress.
    Given their admissions to date I would suspect that they may not even bother defending a small claim or, if they did, it'd settle quickly so long as your damages claims are reasonable.

  • ilostnemo on 21/09/2014 - 22:09

    Didn't you post something relating to plastic surgery last year, something to do with cheap ones students or overseas??????

  • SirFlibbled on 21/09/2014 - 22:22

    This is not legal advice and you should go see a lawyer for some actual advice.

    Generally, You can't claim for punitive damages or pain and suffering in Australia.

    Basically you have the right to the cost in rectifying their mistake, ie the medical bills, cost of time off from work etc.

    Nothing more unfortunately.

  • robbyjones on 21/09/2014 - 22:48

    You waited three months to send them your bills? You couldn't be too aggrieved or motivated to prevent it from happening to someone else. I doubt filing a grievance will affect their credit rating, however I would look at the relevant consumer authority in whatever state you live in for advice.

    • adamren on 22/09/2014 - 12:15
      -1

      Yes, Dept of Consumer Affairs in DOCEP. http://www.commerce.wa.gov.au/

      I wouldn't be surprised if that person wasn't trained properly or if required, licensed. Search the store owner's name and biz name. Find the ABN etc.

      Make a complaint.

      Oh and at risk of sounding like a broken record here, name and shame. Who and where is this shoddy biz? I want to make sure all my friends and family know about it.

      If they have a facebook page post a pic of your scab on there. Please don't tell me you didn't get pics!?

      • SirFlibbled on 22/09/2014 - 12:18

        I could be wrong but I don't think waxing requires any qualifications or licencing. Most will do some sort of waxing course, but it's not like it's a pre-requisite to work.

        • adamren on 23/09/2014 - 09:53
          -1

          The owner might require some sort of beautician training, but if not there is always just license to run that business.

          Just about everything requires a license these days. Some good, some silly and some bad.

          Hopefully OP gets damages and the owners insurance company knows about it and gets a mark on her file. It's a disgrace they way they treated her, but they'd be out of biz soon enough with shoddy dealings like that.

          IANAL but I'm pretty sure you can sue for damages, whoever said that is ignorant. How else do people get payouts for injuries? It's negligence in torts perhaps, may not be specifically under being injured directly but you can recover costs etc.

        • SirFlibbled on 23/09/2014 - 10:22

          @adamren: I could set up a waxing business tomorrow with no licences. You don't need a licence to run a business, just a registration of a business name and an ABN.

          Sure certain industries you need to be licensed, ie building, plumbing, financial advice etc or hold qualifications like being a lawyer or doctor. I'm pretty sure this is not true for the beautification industry. They'd be pretty stupid not to hold insurance though.

        • adamren on 23/09/2014 - 15:19
          -1

          @SirFlibbled:

          But you can be prevented from starting another if you've had lots of complaints. That was my point.

        • voteoften on 23/09/2014 - 21:42

          @SirFlibbled:

          I remember when Troy Buswell talking at a breakfast about the amount of regulation and also committees. It is my general recollection of the general gist of his comments that make me believe there is or was, regulation of this industry. Perhaps it could be the hair industry. I'm off for 4 weeks holiday so won't be pursuing much of anything until I get back.

        • SirFlibbled on 23/09/2014 - 22:01

          @voteoften: There may be regulation. I'm not expert in the area but if there was it'd be state by state and not federal regulation so it'd hardly be consistent even if it did exist. Perhaps even elements of the business like piercing likely are (laws which limits ages and techniques etc).

          I'm doubtful waxing would be though. But it should be. Applying hot wax to someone's body and ripping the hairs out can cause some serious damage.

          That being said, it's worthwhile checking out if the business is a member of an industry body. Peak bodies usually have some sort of complaints mechanism you can go through as well.

        • SirFlibbled on 23/09/2014 - 22:04

          @adamren: yawn kid you've already lost the argument when you have to resort to personal attacks to get your point across.

          It also doesn't make you right, in fact I've chosen not to argue with you as you clearly don't have a basic understanding of what damages means and I'm not your teacher and have no patience to teach someone like you.

      • voteoften on 22/09/2014 - 13:19

        I have pics. Unfortunately most of them were on my tablet which I forgot on the plane when I flew over east to get married. But I still have sufficient on my laptop. I should post a picture their facebook page, but I'd have to join facebook first probably.

    • voteoften on 22/09/2014 - 13:17

      mmmm….. In the interim I have moved and have gotten married. Been a bit busy. The ownr agreed to pay the bills. Practically begged me not to bag her salon, when she got around to calling that is.

      • adamren on 23/09/2014 - 10:00
        -1

        Get the money and don't sign anything too wordy or agree to anything.

        Never know, could have a dormant infection that rears its head when you're stressed or sick. It happens.

        Still bag her anyways after you get the money. Name and shame on her. I want to know anyway as I know people that get eyebrows tinted, but they go to Nelly at Warwick (forget the name of her salon).

        Edit: here it is http://www.yellowpages.com.au/wa/warwick/skinsense-beauty-th… but you could be SoR, but she's a workaholic and is open long hours ;-p

        Edit2: oh wait, you said you moved. Nevermind. Oh well, anyone in WA might like to see this.

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