sole trader legal advice client stops treatment now claiming personal injury

Babboo · 8 July 2018 at 8:54AM

I have just started a semi permanent make up business. 2 months ago a new customer approached me after asking one of my customers who had done her eyebrows. A free the usual alert test and pre treatment consultation I began microblading but it became apparent that this lady had a very low pain threshold and kept jumping and scrunching her eyebrows I explained that if she could not remain still I would have to stop. She begged me to continue but admitted that she was unusually sensitive about her eyebrow area not able to even pluck her brows but having to shave instead I struggled on at her insistence until she jumped from the treatment bed and aborted the treatment. I told her I was willing to continue at another time but explained that such a follow up app would have to be after a healing period during a time that would normally be the follow up or top up appointment approx 6 weeks. She left and then inundated me with calls and messages demanding her money back but within the same call her partner took the phone and was horribly threatening towards me. this type of call went on day and night for 3 days I called the police after violent threats were made towards me and my children in social media by this woman and her online friends I received one call from a very distressed lady who had received an online message via a fake fb account using my ID saying I had been having a sexual affair with her husband. Eventually the police visited the customer and she signed a non harassment order. The direct contact stopped but not the online attack on my business. The police say they can do nothing it's a civil matter. But now she has gone to a no win no fee lawyer and is claiming personal injury staying she will require laser removal of the half done work not that the treatment will last that long the treatment only ever gives temporary results. This lawyers letter asks me to interact with something refered to as a portal and I have no idea how to proceed any advice very welcome Thanks in advance

00ec25 · 8 July 2018 at 10:49AM

Babboo wrote: »

I have no idea how to proceed

use paragraphs?

Babboo wrote: »

I have just started a semi permanent make up business.

2 months ago a new customer approached me after asking one of my customers who had done her eyebrows.

[STRIKE]A free[/STRIKE] After the usual alert test and pre treatment consultation I began microblading but it became apparent that this lady had a very low pain threshold and kept jumping and scrunching her eyebrows I explained that if she could not remain still I would have to stop. She begged me to continue but admitted that she was unusually sensitive about her eyebrow area not able to even pluck her brows but having to shave instead.

I struggled on at her insistence until she jumped from the treatment bed and aborted the treatment.

has she admitted she left at her own insistence?

do you have any evidence to support the fact you did the "usual alert" (?) and issued advice to the patient before treatment that it would hurt?

Babboo wrote: »

I told her I was willing to continue at another time but explained that such a follow up app would have to be after a healing period during a time that would normally be the follow up or top up appointment approx 6 weeks.

so you made a perfectly reasonable business offer to continue the works at a later date

is there any medical evidence to support your 6 weeks timescale?

is there a professional "make up" body that has issued guidance to its members on how to carry out treatments? Can you show you followed that professional practice?

Babboo wrote: »

She left and then inundated me with calls and messages demanding her money back but within the same call her partner took the phone and was horribly threatening towards me. this type of call went on day and night for 3 days I called the police after violent threats were made towards me and my children in social media by this woman and her online friends I received one call from a very distressed lady who had received an online message via a fake fb account using my ID saying I had been having a sexual affair with her husband. Eventually the police visited the customer and she signed a non harassment order.

so that aspect is dealt with, you involved the police and they acted.

Babboo wrote: »

The direct contact stopped but not the online attack on my business. The police say they can do nothing it's a civil matter.

correct, it is defamation and you are free to take legal action against her yourself to make her stop and /or pay you compnesation

Babboo wrote: »

But now she has gone to a no win no fee lawyer and is claiming personal injury staying she will require laser removal of the half done work not that the treatment will last that long the treatment only ever gives temporary results. This lawyers letter asks me to interact with something refered to as a portal and I have no idea how to proceed any advice very welcome Thanks in advance

what did you expect?
obviously she has suffered "injury" and a no win no fee solicitor will of course scent blood because it is personal injury that will have vanished by the time it gets to court so there will be no evidence to show the extent of the pain and suffering

what does your business insurance / professional negligence insurance company say?

you can't possibly expect to get legal advice for free on an internet forum. Go and get professional legal advice which you pay for, after all, it is a perfectly foreseeable risk of the business you are in that sometimes you will hurt people and get sued.

Savvy_Sue · 8 July 2018 at 4:44PM

I agree with the above, and in addition I'd be in touch with your insurers first thing Monday. That's what you pay for ...

sole trader legal advice client stops treatment now claiming personal injury

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