Patch testing is a legal requirement under Section 3 of the Health and Safety at Work Act, and failures to perform patch tests have led to prosecutions and high fines.
Beauticians are not allowed to exclude their liability for personal injury you suffer as a result of their negligence. Should your beautician fail to perform a patch test prior to your beauty treatment and you suffer an adverse reaction as a result, you may be entitled to make a claim for compensation.
Beauty treatments where patch tests should be carried out include:
Laser and IPL treatments
Other circumstances could arise which may require a patch test to be undertaken, such as a change in your medical history, a change in the product being used, if it has been more than 12 months since your last treatment, or if the product manufacturer recommends more frequent patch tests be carried out.
What to do if you have had a reaction after your beauty treatment
Firstly, and most importantly, seek medical attention. Thankfully, most reactions to beauty treatments are minor and resolve within a few days. However, some reactions can lead to anaphylaxis, blistering, burning, damage to the hair/scalp or even hair loss.
You should inform the beautician that you have had a reaction and make sure it is formally noted down. It is best to inform them in writing (letter/email/message) if possible.
Try to take photographs of the progress of your symptoms to keep track of how your injuries are healing and how long they last for.
You should also keep a diary/notes which reflect any financial losses you have incurred as a result of the reaction. This can include loss of earnings, travel and parking expenses going to and from the hospital/GP, medication/prescription expenses and medical treatment.
Lastly, if you wish to make a claim for your injuries you should seek legal advice from personal injury specialists. At Farleys, we operate the majority of our cases on a ‘No Win No Fee’ agreement.
It’s important to understand whether the circumstances of your beauty treatment give rise to a personal injury claim. If you have suffered a reaction as a result of a beauty treatment, contact our experienced personal injury team for a no-obligation assessment of your claim. Call us on 0845 287 0939 on contact us by email if you prefer.
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