Hairdresser hair loss does not lead to victim compensation

LSG Mainz: Hairdresser made no physical assault with hair loss
(Jur). If you want to be beautiful, you can trust the hairdresser. If a hairdressing treatment leads to a lasting loss of hair, but there is no claim to a state victim compensation, the Landessozialgericht (LSG) Rhineland-Palatinate in a decision announced on Thursday, 12 May 2016, clear (Ref .: L 4 VG 4/15 B ). The Mainz judges thereby rejected the application of a "barber damaged" for legal aid.

In court, a woman who wanted to be bleached in a hairdressing branch of the licensed company "Hairkiller". An employee applied hydrogen peroxide as hair dye to the plaintiff's hair - and then it started to tingling and itching. But the "hairkiller" employee let the agent continue to act without recognizing the individual incompatibility of her client.

Picture: Kwangmoo - fotolia

Instead of full blond hair, the treatment and subsequent infection in the hospital finally led to permanent hair loss. The plaintiff's head grew in size about as a monk's stature no more hair.

The woman then applied to the State Office for Social Affairs, Youth and Care, a state victim compensation.

The authority refused, as the "hairkiller" employee did not commit an intentional unlawful attack. The loss of hair was caused by negligent reasons.

On the other hand, the woman wanted to sue, and so she applied for legal aid. Both the Social Court and now the LSG Mainz rejected this. A conditional intention that the hairdresser wanted to hurt the customer, was not recognizable. It is downright absurd to assume that the barber has deliberately accepted damage to the plaintiff, according to the decision of 21 April 2016. A deliberate unlawful attack as a condition for a victim's compensation was not available. (Fle / mwo)