A HAIRDRESSER turned super-sleuth has won a court victory after challenging a customer's claim that her hair had fallen out after receiving bleaching treatment at her salon.
In a ground-breaking legal case, mother-of-two hairdresser Kelly Teggin gathered evidence from extensive online research and photographs on social media to challenge a customer’s unsubstantiated claims that large clumps of hair had fallen out after bleaching, leaving her with a blistered scalp.
Turning down the chance to settle through her insurance, Kelly put her business on the line to prove her innocence in a two-day county court trial in Leeds, which could have landed her with a bill of more than £100,000, including costs.
Trials in such cases are rare as insurers usually settle at an early stage to avoid huge costs but Kelly, of Kelly Teggin Hair and Beauty in Knaresborough, took her case to the Ombudsman to ensure she could have her day in court.
She said: “I was positive I had done nothing wrong and wanted to clear my name."
The claimant had argued that her hair started falling out on holiday, a few days after Kelly bleached the roots.
The customer claimed it continued to fall out until she only had half her hair left, with it being reduced to stubble in some places.
Although she provided no photographic evidence of such catastrophic hair loss, Kelly discovered photographs of the customer on Facebook during her holiday, which showed no hair damage.
Kelly’s detective work also turned up articles on the internet, the mainstream press and hair industry magazines written by the claimant’s expert witness which contradicted information given in court to back the customer’s claims the alleged damage could not have been caused by exposure to sunlight and heated tongs.
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The Leeds County Court judge’s ruling in favour of Kelly has been hailed as a breakthrough for hairdressers struggling to disprove baseless claims, which cost insurance companies millions of pounds every year.
Kelly said: “I was putting my reputation on the line and risked losing my business if it all went wrong but I was never going to settle because the story simply didn’t stack up and I knew I had the evidence to prove it."
Expert witness, forensic trichologist Prof Barry Stevens, who said hairdressers can unfairly become victims in dubious claims, welcomed the fact Kelly was exonerated in this case, saying: “It will hopefully lead to a closer review of claims within the industry.”
Kelly’s barrister James Robinson, who described her battle for justice as ‘quite a challenge’, said it was a privilege to be chosen to fight her corner.
He said: “When success came because Kelly and her witnesses spoke with truth and her customary frankness about the situation, we all felt relieved.
"I hope that the insurance industry will take heed and listen to their customers when they say something is wrong and we have to fight to get a just outcome.
Kelly added: “I just hope this gives other hairdressers and the insurance industry in general the confidence to stand up against false claims, which are more common than people realise."
The judge, Recorder Murray, who pointed out that the claimant had changed her evidence, said there was only evidence of minor breakage, which did not demonstrate there had been negligence.
Dismissing her claim after a two-day trial last October, he also pointed out that UV light, heat and mechanical processes could damage bleached hair.
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Kelly's solicitor, Sarah Pether, said the case could have been settled at the outset for around £6,000 damages and costs.
She said: “Trials in such cases are rare as insurers usually consider it more cost-effective to settle at an early stage and pay the low level fixed legal fees.
“I have seen obvious cases of negligence before with "chewing gum" hair, huge clumps falling out, hair turning green etc, where most people would accept the treatment was negligent and those cases should be settled to avoid court costs.
“However, a lot of claims now seem to be based on minor breakage which are not necessarily due to negligence, or do not prove there has been negligence, and with only £3,000 to £4,000 claimed each time, the insurers have tended to settle them.”
If Kelly’s claim had been settled, she said, it would have been incorrectly treated as a fault claim on the salon’s insurance record and the claimant could have announced her ‘victory’ on social media, affecting the salon’s reputation.
Because the claimant's claim was dismissed, she did not receive any damages and her solicitors did not recover any of their costs from the salon
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