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Created on Tuesday, 08 December 2009 11:13

Last Updated on Friday, 28 December 2012 18:43

Bald, Shaggy and Matted – Pain Money from a Barber  ...

When a visit to the barber turns out to be a visitation, you leave looking like having had your fingers plugged into the outlet, instead of the blow dryer. Uaagh! The more the haircutter makes a disaster of your hair the more pain money you will be entitled to. This article will show you more explicitly what in two cases your rights can be.

[PPD_PAYTOREADMORE]

The issue with one's hairdo can be turn out to be a hairy issue when a hair landscapist disobeys the rules of his trade. Even when your hair grows back and your damages and pains are only temporarily, many courts grant hefty damages.

In the case of a woman who, after a bleaching, lost her hair in tufts - when it was not only splitting, matted or breaking off. It turned out that the hairdresser's intern too generously applied aggressive hydrogen peroxide. The AG Erkelenz (judgment of May 7, 2009, re 8 C 351/08) sentenced the hairdresser to:

• € 1,000 pain money,
• Reimbursement for the costs of bleaching,
• As well as all legal costs (both lawyers and court fees).

The judge justified the relatively high amount because the woman's hair was significantly shorter and heavily damaged. The woman also was going to suffer under these conditions for some time.

Nothing against the hairdressers in Erkelenz but they seem to be extraordinarily often sued in court. In a case with the file number 6 C 509/93 of AG Erkelenz, a "hairstylist" had to pay € 3,000 on pain money for the following circumstances:

A young intern was to receive a free hair treatment in reward for her faithful services. It would have been better had she let it pass. After coloring, she lost her hair on a surface of 15 cm² (3.8 in²) - unfortunately for forever! Physicians certified that no more hair would grow on that skin anymore. The damage could only be made good with plastic surgery and a transplantation.

The court granted the girl a higher pain money because the response of the hairdresser and his liability insurance to the girl's claims was ridicule. This case cries out for "punitive damages" as is known in the States. However, punitive damages are forbidden in Germany.

Remark:

Wanting to claim just pain money is something for a professional. Recompensstions for bodily injuries are determined by case law - precedence. When you try to represent yourself and you exaggerate the amount in an extreme manner, you will be held liable for damages relating to your exaggeration. When the court finds that you are entitled to € 1,000 pain money and you sued for € 10,000, you will have to pay for legal fees (court and lawyers) relating to € 9,000. Need a lawyer to represent your interests in such manner? Just click here.