Lawyer Advice Please

[Annalise Lane]

I asked on another board this question and yes I got an answer but I'm unsatisfied with what I was told.

The problem is, I had my hair extension distroyed by the wash basin lady where I get my color done. The salon covered my colour that day. They are not willing to replace my extensions because they dont offer the service at their salon. This back and forth conversation has been going on for 3 weeks now, and they finally came back with "yeah your shit out of luck"

I can understand their postion if it was the first time I had recieved services at any salon, never mind this one but it wasn't. Infact I have been getting my hair done for 8 months now, with 3 week intervails (spelling) of color touch ups.

Oh and I should add - I have drank to much wine, played in a hot tub, feel asleep without brushing my hair and putting it in a braid. The next day my hair was a mess and I thought I wrecked it but with a friends help it was brushed out within 20 mins. At the salon, they tugged on my hair for over 2 hours trying to get the knot out.

So what I have been told is take them to small claims court, and file with BBB. After talking to them at the end of last week, they feel pretty confident that they will win. It's rather arrogant of them to think they will win a case where I have proof colour touch ups on extensions is normal practice.

So ... am I missing anything before I file with small claims ?

 

[Trevor2136]

Start with the better business bureau, they actually weild more power than people think.

 

[InTheBum]

Get a WIG!

I asked on another board this question and yes I got an answer but I'm unsatisfied with what I was told.

The problem is, I had my hair extension distroyed by the wash basin lady where I get my color done. The salon covered my colour that day. They are not willing to replace my extensions because they dont offer the service at their salon. This back and forth conversation has been going on for 3 weeks now, and they finally came back with "yeah your shit out of luck"

I can understand their postion if it was the first time I had recieved services at any salon, never mind this one but it wasn't. Infact I have been getting my hair done for 8 months now, with 3 week intervails (spelling) of color touch ups.

Oh and I should add - I have drank to much wine, played in a hot tub, feel asleep without brushing my hair and putting it in a braid. The next day my hair was a mess and I thought I wrecked it but with a friends help it was brushed out within 20 mins. At the salon, they tugged on my hair for over 2 hours trying to get the knot out.

So what I have been told is take them to small claims court, and file with BBB. After talking to them at the end of last week, they feel pretty confident that they will win. It's rather arrogant of them to think they will win a case where I have proof colour touch ups on extensions is normal practice.

So ... am I missing anything before I file with small claims ?

I find this whole situation hilarious!!!!!!!!!!! Shave your head and buy a wig for now...start over girl!!!

 

[muffdiver]

Annalise, why didn't you go back to the shop that gave you the extensions in the first place? You are wasting your time and money, small claims will cost you a minimum 100.00 to file all the papers, how much did the extensions cost? Small claims is only worth it for larger sums, not to exceed 10,000. Trust me i've been there.

You noted that it was your fault that your hair was a mess due to the fact you were in a hot tub, never brushed it after and fell asleep on it. The salon who you are going to take to court will win hands down, c'mon are you going to lie in court? I can't believe you are thinking of pursuing this, let it go.

Btw the BBB has very little power.

 

[Irishlad]

Listen to Lucy (Massage Girl) as her advice is well founded. By trying to resolve the issue through the BBB, you avoid the necessity of attending court to file a complaint, then re-attending on the trial date, etc. Should the BBB fail to resolve the issue or is unable to resolve the issue, then proceed with small claims. It is not a difficult process. It is designed for the average person who has little or no legal training. No lawyer is required. The cost of initiating your small claims is included in the total amount of your claim, so if you are successful, you recoup your costs. Should you lose, you are only out the amount of the filing fee. Lastly, the burdon of proof in small claims is one of a civil standard, not a criminal standard. In criminal court the crown must prove "beyond a reasonable doubt" which is a very high standard of proof. However, in small claims court, you only need to prove your case on a "balance of probabilities" which in essence means 51% of the case. In other words, you only need to tip the scales ever so slightly in your favour and you win the entire claim, providing of course that the dollar amount can be shown by way of receipt or other means. Good luck.

 

[Pantylick]

Small Claims Court

In Alberta, you can sue for anything up to $25,000 in small claims court. If a claim is filed and defended, the court will often schedule a mediation where the matter may be resolved without a trial. If you can't resolve the matter at a mediation and you go to trial and win, your $100 filing cost will be added to the judgment. The small claims process is designed to work without lawyers and is ideally suited to claims under $10,000. If you had a claim over $10,000 it would be worth your while to hire a lawyer anyhow.

 

[Irresistible Isabelle]

You noted that it was your fault that your hair was a mess due to the fact you were in a hot tub, never brushed it after and fell asleep on it. The salon who you are going to take to court will win hands down, c'mon are you going to lie in court? I can't believe you are thinking of pursuing this, let it go.

I think what she is saying is that once she hot tubbed/fell asleeep/etc and thought she had ruined it but it turned out to be ok. The incident at the salon was a totally separate occasion where they messed up so badly that it could not be fixed. I think she was using the hot tub incident as a comparison to show how badly the salon messed up. But I could be wrong.

 

[SeaToSky]

I think you spent too much time and effort on your hair. I hope you're not shampooing your hair everyday, are you ?

 

[Annalise Lane]

I think what she is saying is that once she hot tubbed/fell asleeep/etc and thought she had ruined it but it turned out to be ok. The incident at the salon was a totally separate occasion where they messed up so badly that it could not be fixed. I think she was using the hot tub incident as a comparison to show how badly the salon messed up. But I could be wrong.

This is correct !!

Two seperate days (months actually).

I filed with BBB this morning, we'll see where that goes.

I'm comfortable with the 100 filing fee. It's become more about prinical then it has about the replacement of the hair.

 

[Annalise Lane]

I think you spent too much time and effort on your hair. I hope you're not shampooing your hair everyday, are you ?

No I'm not shampooing every day.

And yes I likely spend to much time and effort on my hair but everyone has to have a vise. hahahahah

 

[Sonny]

Easy to understand your unhappiness and frustration, and to sympathize with your painful experience.

But you will get next to nothing in a small claims action, and in the process you will consume valuable time that is called one's life.

So, IMO, best thing is to move on, never go back there, and you've already done the BBB thing (although that's next to useless unless there have been numerous complaints about the hair salon). Just let it go and free your mind.

 

[Very Veronica]

Businesses are absolutely required to provide satisfactory service however you chose to go to a salon that has no expertise in hair extensions. Did they guarantee they could care for them? I suspect not as they don't work with the products (hair/glue) nor did they have a hand in the attachment process. Also, you've admitted to reckless treatment of the extensions which would have weakened them (not to mention the 2 hrs of deknotting) & certainly casts doubts on your diligence in maintaining them. Lastly, i'm aware that extensions require specific shampoos/conditioners as many products dissolve the glue..did you supply this?

Sorry to sound like Judge Judy but i don't think this looks promising. Curious to hear what the BBB says. Meanwhile, rock your natural hair by letting guys run their hands thru it! Something you can't do with all those crusty plugs..yuck!

 

[Fletch]

Don't see why the salon is being difficult

This should be covered under their insurance, depending on the value of the damage done and their willingness to report it. Working in another time and place I have seen insurance claims paid out for salon negligence. The last claim I remember was when someone at a salon burnt someone's skin with some chemicals. You could threaten to file a negligence claim. That should not cost you anything.

 

[Annalise Lane]

Businesses are absolutely required to provide satisfactory service however you chose to go to a salon that has no expertise in hair extensions. Did they guarantee they could care for them? I suspect not as they don't work with the products (hair/glue) nor did they have a hand in the attachment process. Also, you've admitted to reckless treatment of the extensions which would have weakened them (not to mention the 2 hrs of deknotting) & certainly casts doubts on your diligence in maintaining them. Lastly, i'm aware that extensions require specific shampoos/conditioners as many products dissolve the glue..did you supply this?

Sorry to sound like Judge Judy but i don't think this looks promising. Curious to hear what the BBB says. Meanwhile, rock your natural hair by letting guys run their hands thru it! Something you can't do with all those crusty plugs..yuck!

I dont use the shampoo's at home, this has yet to damage my hair. The only product I use to keep them nautral feeling is a leave in conditioner that is for a whole other hair product, a weave yes but not fusion hair.

The hot tub experiece was with other extensions and had nothing to do with the current ones I am sporting.

The wash tub basin lady did not rinse my hair out properly, I could feel something was wrong when she was rinsing out my color. Yes, I lifted my head a bit to talk to her but she was non-communicative, so I didnt' bother to try again. When I lifted my head out of the basin there was a knot the size of a baseball in the back of my head. They easily used a half of a bottle of deep conditioner to help untaggle their mess, to no avail.

VV, you're not be Judge Judy - just stating your opinion, and I guess more information was needed to keep the story complete.

 

[pokemon]

I think the first thing you look at is the costs of the hair extensions. Is it worth the costs of the filing fee and the time in court? Principle costs money and is it worth it in this case?