Hairdresser: hair loss does not lead to victim compensation

Hairdresser: hair loss does not lead to victim compensation

LSG Mainz: hairdresser did not make an assault with hair loss
(jur). If you want to be beautiful, you can trust the hairdresser. If hairdressing leads to permanent hair loss, but there is no entitlement to state compensation for victims, the Rhineland-Palatinate State Social Court (LSG) clarified in a decision announced on Thursday, May 12, 2016 (file number: L 4 VG 4/15 B ). The Mainz judges rejected the application by a "hairdresser" for legal aid.

A woman went to court who wanted to be bleached in a hairdressing branch of the licensed company "Hairkiller". An employee applied hydrogen peroxide as a hair dye to the plaintiff's hair - and that was when it started to tingle and itch. But the "Hairkiller" employee let the remedy continue to work without recognizing the individual intolerance of her customer.

Instead of full blond hair, the treatment and a later infection in the hospital ultimately led to permanent hair loss. About the size of a monk's tonsure, hair no longer grew on the plaintiff's head.

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

The authority refused to do so because the "Hairkiller" employee had not committed an intentional illegal attack. The hair loss was caused by negligent reasons.

The woman wanted to file a complaint, so she applied for legal aid. Both the social court and now the LSG Mainz rejected this. A conditional resolution that the hairdresser wanted to injure the customer was not recognizable. It is absurd to assume that the hairdresser deliberately accepted damage to the applicant, the decision of April 21, 2016 said. There was no intentional illegal attack as a prerequisite for victim compensation. (fle / mwo)

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