Hair Dye Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a hair dye injury, we can help.

Whether your injuries were caused by a slip or trip, fall or other incident, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim for an accident in a public place with the help and support of a personal injury solicitor.

Your solicitor will ask you about how the accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will then identify who is legally responsible. Based on your injuries, lost earnings and other expenses they will also work out how much money you can claim.

We can help you make an public place accident claim, on a No Win No Fee basis.

In this article

Introduction

Hair dye products are used regularly by thousands of women without incident. Unfortunately, some individuals experience severe reactions to chemicals contained in hair dyes. The resulting injuries can be distressing, painful and potentially life-threatening.

Hair dye manufacturers include user instructions in the product packaging. These instructions recommend a 'patch test' of the product on the skin, prior to applying the product. If skin irritation occurs, the hair dye product should not be used.

Dermatology experts assert that skin tests do not always indicate whether a product will cause an adverse reaction. This view is supported by hair dye injury cases where a 'patch test' of the hair dye product did not produce any irritation.

If you have sustained injury caused by using hair dye, you may be able to claim compensation against the hair dye manufacturers, or distributors.

Symptoms of hair dye injury

Many hair dye injuries are caused by using widely available, well-known brands of home-use hair dye. Allergic reactions to chemicals in the hair dye can produce a range of symptoms including:

  • Skin irritation, burning, rashes, itching
  • Swelling of the face, eyes, neck, back
  • Thinning of the hair, bald patches, slowed re-growth
  • Pain, generally feeling unwell
  • Breathing difficulties
  • Anaphylactic shock - in rare cases

In 2011, 38 year old Julie McCabe went into anaphylactic shock following application of a hair dye. Mrs McCabe fell into a coma, and subsequently died. Her family believe she had an allergic reaction to a chemical in the hair dye she had used - though no definite link has yet been legally proven.

Adverse reactions to hair dye are not limited to first time users. Hair dye injury can also be experienced by regular, long-term users of hair dye products.

PPD and hair dye products

The most controversial ingredient in hair dyes is Para-phenylenediamine (PPD). Many home-use hair dyes contain PDD, particularly permanent hair dyes in the brown to black colour ranges. In 2007 the British Medical Journal published an article which advised that PPD could cause allergic reactions.

PPD is already prohibited from being used directly on the skin. However, it remains an allowable ingredient in hair dyes, which are described as not touching the scalp.

Julie McCabe's family are appealing for PPD to be either banned from use entirely, or for the sale of products containing PPD to be restricted.

What should I do if I sustain hair dye injury?

If you sustain hair dye injury:

  • Seek medical advice straight away
  • Retain the hair dye kit contents and packaging
  • Photograph your injuries
  • Retain the purchase receipt for the hair dye kit, showing when and where it was bought

Gather as much evidence as possible to support your hair dye injury claim.

When should I start my hair dye claim?

It is always advisable to start your claim as soon as you become aware of the injury.

There is a statutory time limit for making personal injury claims. This time limit is three years from the date of the injury, or from the date the claimant had knowledge of the injury.

A hair dye injury claim is a ‘product liability' claim. This means, a product caused the injury, rather than the negligence of a person. Under the Consumer Protection Act 1987, product liability claims must be made within 10 years of the date the specific product first entered market circulation.

Do I have an injury claim?

It should be possible to make an injury claim if you were injured:

  • in the last 3 years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.
Check my claim

Claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if the other party denies liability?

If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your hair dye injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee, no risk

With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if you do not winn your claim .

No win, no fee - our guarantee

If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your injury. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

Is there a penalty if I withdraw?

Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor