Ok so I'm not sure it's a legal consult I'm asking for but more or less different opimions on how to handle this...

One month ago...a cliient came to me for a hilite. I dropped lightner/blech on her shoe. Wipped it off immediately and continued to do my thing. She left, an hour or more later, no stain.

She calls ONE month later demanding I replace her shoes because I ruined in brand new shoes. I apologize tell her to bring her shoes in and we could come to a resolution.

Well she brings me in some stank nasty shoes, has no receipt...and it gets better! I can tell where she has removed the clearance sticker from over top the original price.(I called the store she purchased them from and indeed they had been marked down...but they no longer carry that shoe b/c it was long ago clearanced)

So, I made an attemt to stain the shoe to match the best as it could. I called her to explain I did not feel responsible to replace a shoe in "fair" condition with a new shoe. She had neglected to bring this to my attention in a timely manner and I can't be certain what has been done to the shoe in a months time. She was not happy and again demanded I replace her shoes and ended the conversation buy informing me she would be contacting her mothers attorney.

Let me end by saying I'm a fair and resonable person and in no way would try and get over on someone.

Here's (3) pics of the shoes

I'm sure this girl can't afford to get a lawyer to argue over some stinky old sneaker.  And if she did, I don't believe you would be held accountable, because you made a reasonable attempt to resolve the problem and she waited too long to bring it to your attention.

She's just bluffing.

Yeah...It's Bananas, I Know!

Thanks for havin my back. This is my first year as a booth renter...so I'm not too sure of my legal obligations.

Let me state that if you did wear nice jeans, shoes, a handbag...etc and I damaged it... I would replace/refund it in the most fair way. I'm just nice like that.

metalgirl wrote: I'm sure this girl can't afford to get a lawyer to argue over some stinky old sneaker.  And if she did, I don't believe you would be held accountable, because you made a reasonable attempt to resolve the problem and she waited too long to bring it to your attention. She's just bluffing.

My thoughts exactly!

How much does it cost to replace the shoe?

I do think you have some responsibility.  I mean you did drop the bleach on her shoe.  I think you should have offered her 20 or 30 bucks off her service at the time.

You said "Let me state that if you did wear nice jeans, shoes, a handbag...etc and I damaged it... I would replace/refund it in the most fair way. I'm just nice like that."

These shoes may be nice to your customer, I don't think it's fair that you're willing to replace items based on what you deem to be nice. 

I don't think you should have to replace the full value of the shoe though, I mean it's just like a car, the value depreciates and these shoes after all aren't brand new. 

I personally would take responsibilty for my error and offer the girl like 20 or 30 bucks and be done with it.  She sounds like a teenager and would probably be satisfied with 20 buck to go buy some lip gloss. 

Well...what is fair?

What is the depreciated value of Pumas in "fair" condition? Originally the shoe was $68 and clearanced to $40.(I guess at a garage sale you could get $10 bucks if you're lucky.)

I have accidently dropped color on someone's shirt before, and I offered to have it drycleaned for them.  They said, no, it was an old shirt anyway, no big deal.

I think in this case Gina is not obligated because this girl waited too long to bring it to her attention.  If the girl called in the next day or two, then  it would have been different. 

 Gina handled it properly, first trying to repair the damage to the shoe, not just going out that replacing stinky sneakers with some brand new ones.  By the way, I don't see any bleach spots on the shoes.  Plus, aren't they leather?  Is it possible to bleach leather?

Hey Gina! I think you did the right thing as you did check her shoes before she left the salon and they seemed okay then.  To be honest, the trainers look pretty done so she may be doing this to get a free new pair.  Regardless, I will find out legally (from a Uk view) on what you are obligated to do in a situation like this and what your rights are.  I'll post the info up here in a few hours.

xx

Don't waste another minutes thought on this.

Let her consult her attorney.

I think if there was a problem she would have come back the first week, waiting a month is too long.

and if she DID sue she would only get what the sneaker was worth, not what she paid for it.  you might be out $15 total, but I doubt it would get that far

If it was me I would offer to find the exact same shoe,color,style etc to give to her as a replacement...but the "new" pair MUST be in the same shape as the original ones, that means worn for at least 6 months,24-7 ,looks like she walked through mud constantly,did she sue the owner of the property that made them muddy? how dirty can your feet be to make the interior of a shoe that dirty?yuck! They also look like they were dropped in the middle of WWII for a month of the heaviest battles Earth has ever seen....but I would make sure there was no tiny little stain of hair dye on the shoes for her.

What a total loseeer! Dont worry, the police,lawyer judge and the rest of the world would laugh at her if she tried to sue you for new shoes.

Good luck! ;-)

Hey Gina,  god, can you even believe when you're trying to do the best work possible, that you have to think about that kind of b.s.?

    I had this great teacher who always said, no matter how bullsh*t the claim, you should try the "free product love trip".  Put a little bag of stuff together, tell her you're human too and that you understand a sincere love of shoes, and wish her the very best.

    This way, on the one in a million chance you get yourself in front of judge Judy, she'll see that you're the one with the cool head and professional demeanor. (then laugh your ass off about it with your girlfriends on friday night!!!)

I am an ins agent, not a lawyer. There is something called indemnity. Now, what you MIGHT be responsible for in the worst case scenario, like for instance in a car accident (think of it this way) when you cause damage to someone elses jaguar is to replace it back to the WAY IT WAS. Not with a BRAND NEW 2005 jaguar.

In the worst case scenario, you would be responsible to INDEMNIFY her back to where she was, like for instance reimburse her for what her shoes were worth AT THE TIME, not the $68 they WOULD HAVE BEEN when they were brand new. If her house were burnt down in a fire, the ins company would only pay her for what they were worth at the time, not what they wwould be to REPLACE brand new (unless she was paying an extra premium for that benefit, which some people do.)

Anyway, my husband IS a lawyer and you can get all the free advice you want from him PM me for his email addy though it won't apply in your state lol but you can ask him basic questions you want.

Do individual stylists carry some kind of liability ins?

Update...

This client was to stop in today so she could collect her shoes and let me know how it went with her "attorney" Whadya know...she didn't stop in!

As for insurance... I'm certain it would sily to make such a small claim against my deductable. If she's addament on getting an attorney to fight for the replacement value of a depreciated pair of Pumas...then she has every right to. Though, in Ohio it is $50(on her) to file in small claims. Which would be silly...but certainly not unheard of!

However...If she'd like to come to me with sound mind...I would have no problem agreeing to a fair/reasonable solution-Whatever that may be.

Thanks all for advice and I'll keep everyone posted as the DRAMA unfolds!

Update...

This client completely disappeared until....Until Aug 26. She pops up unannounced to get her shoes. Meanwhile I'm elbow deep in color. She asks for her shoes and I oblige.

Last week...I get a complaint from the BBB. She has the balls to say I lied to her and THREATENED her with a lawyer! (Now, shes got that twisted because she in fact cried lawyer on me!) If there's one thing I hate it's a LIAR!

So, in conclusion...I now have a mark with the BBB against me for 3 years.

Just thought I'd update everyone...Like sands through the hourglass...So are the days of our lives!!

Gina E wrote: So, in conclusion...I now have a mark with the BBB against me for 3 years.

I would get my attorney to write a letter to the BBB.  Also call your insurance company.  It is common for color spills in a salon- even in a school.  If I can count how much stains my kids' clothes have accumulated when they were in school during art or lunch- forget it, I have a long list!!!

There is always a rotten apple in the bunch.  Sounds like this rotten apple seeks money. 

I got a rotten apple who is trying to sue me. She said I can put her ugly picture in my site and gave her a major discount b/c she was a guniea pig.

Then after 1 y-e-a-r, she leaves a nasty message, saying she printed it and will contact her lawyer.   {B****, if you are out there, WTF are you suing me after 1 YEAR???} 

She acts as if I have hidden cameras or something.  Like I really give a crap about her picture???  PA- LEASE.  Funny thing is this m*****f****** is SMILING in the after picture!  After telling the situation to my atty, we will countersue for the discount I gave her! {HAHAHAHAHA}

Gina, I would have everyone sign a release form before you do their freaken hair!  I AM NOT DOING ANYBODY'S HAIR W/O A RELEASE FORM!!!

Good luck

Sorry for the vent, some people make me so pissed off   As for the LYING B****, I hope she d.  I hate her.  I wish I never ever helped her turned out to be so beautiful !

Gina,

You may want to take a look at this book...it will make you feel better!

My mom has this book, and it's so funny, and has some very creative ideas in it....

http://www.amazon.com/exec/obidos/tg/detail/-/0517676044/qid=1126802921/sr=1-1/ref=sr_1_1/104-5924843-9349526?v=glance&s=books - http://www.amazon.com/exec/obidos/tg/detail/-/0517676044/qid =1126802921/sr=1-1/ref=sr_1_1/104-5924843-9349526?v=glance&a mp;s=books

what a bitch.

is there any way to get it removed from the BBB?  Im sure there has to be some sort of protection from frivolous claims like that.

Most lawyers work on a retainer and charge anywhere form $80 - $200 an hour.

If she called about a shoe, they would laugh and hang up.

Shoegar mama= Very funny!!!!!

Yeah, I know it would be a very frivilous lawsuit on everyones part...Unfortunately we were unable to come to a reasonable agreement. However, I do want the BB complaint to be clarified that I neither lied nor threatened her.

Word of mouth is survival in this business...I know where I stand in that respect!

***My thoughts...She will now have a voodoo hair curse and be destined to have bad hair for many years to come***

i would contact the BBB and the "Cia and the MIA....and enroll her in AA

no seriously- contact the BBB like someone said and i would also contact an attorney and send her a letter becuaes now she is trying to ruin your reputation, that is defamation of character for nothing!

go get her sistah