Legal Question in Consumer Law in California

I'm being threatened with a law suit. I am a hairdresser. A woman is complaining that I braided her hair to tight. She waited three weeks to seek any relief by taking the braids out because she loved her hair weave style. I have no idea if the braids I did we're too tight or not because the only pictures she took were of pus pockets on her hairline three weeks after she left my chair. Would she be successful in suing me. If I did braid her hair too tight, did she have a duty to mitigate the damages?


Asked on 9/16/14, 10:18 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Mitigation of damage comes into play if the judge or jury decides that you are liable for the harm suffered. Your customer is not entitled to recover damages for harm that you prove could have avoided with reasonable efforts or expenditures. The judge or jury must consider the reasonableness of the customer's efforts in light of the circumstances facing him or her, including the ability to make the efforts or expenditures without undue risk or hardship.

Would be successful? Anything is possible, it just depends on what type of proof she has. If you have liability insurance, you should let them know of this possible claim.

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Answered on 9/17/14, 12:15 am


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