Hairstylists and Frivolous Lawsuits: What does it mean for a lawsuit to be frivolous?

A slip of the scissors, a poorly mopped floor, a botched hair dye job from an equally botched intake process—rookie and veteran hairstylists alike know that mistakes happen. When the error is legit, you gotta own it. (And your insurance coverage can lend a hand.) But other times, accusations of errors and injuries are not rooted in reality. We call them frivolous lawsuits or claims.

Let’s break down what you need to know and how to protect yourself.

What are frivolous hair claims?

First, what is a frivolous lawsuit? How do you know if a lawsuit is frivolous?

What makes a lawsuit frivolous is that it lacks factual or legal substantive merit or justification, the Law Firm of Droder & Miller explains. It could be “a lawsuit, motion or appeal that is intended to harass, delay, or embarrass the opposition,” Cornell Law School’s Legal Information Institute (LII) says. For example, most frivolous lawsuits involve misapplied legal principles or false, exaggerated, or delusional allegations, Droder & Miller and the LII state.

What is an example of a frivolous claim?

Frivolous cases happen all the time in the beauty industry. But some are more dramatic than others. 

For example, a client could damage their hair at home by not following your maintenance instructions, then blame you for the damages. Or you could do exactly what they asked for, only to receive a “You cut my hair too short!” negligence claim because the client is simply unsatisfied with the outcome. Alternatively, some barbers and stylists face frivolous lawsuits or claims for “trauma,” “emotional distress,” or injuries that are exaggerated beyond reason. Or maybe a client accuses you of selling them a defective product, when in reality they got unexpected results because they used it incorrectly.

Here are some real examples of frivolous lawsuits hair and barber specialists have faced:

The Bad Bob

In 1996, one woman sued a hair stylist and salon for cutting her waist-length hair to a bob. She alleged emotional distress and demanded $10 million in punitive damages and $500,000 in compensatory damages. 

The frivolous lawsuit finally closed six years after the initial haircut in 1995, when jurors in 2001 determined the stylist was not negligent. Johnson City Press initially reported the story, although it has since been archived.

The Former Friend

After a friend dyed her hair, a woman was displeased with the results and sued the stylist for emotional distress. The client had lied about previous treatments that hindered the results. 

The stylist and now former friend had already agreed to repay the costs of fixing her hair. But the court ruled there wasn’t any direct evidence of emotional distress.

The Social Media Drama

A client accused her stylist friend of making her hair a cooler shade of blonde than what she requested. She’d done business with the stylist multiple times before and received a refund. The client initiated legal action for emotional trauma and accusations of illegal business operations. 

Though the case is ongoing, many people following the social media drama believe there’s insubstantial evidence and that the stylist is being wrongfully sued.

Why are frivolous lawsuits a problem for hairstylists and barbers?

If a case seems like a frivolous prosecution or false lawsuit, you might assume it will go away on its own or be easy to combat. In some ways, this is true. The defending party can file a motion to dismiss a frivolous lawsuit. A judge can throw out a frivolous lawsuit and award you frivolous lawsuit penalties for your troubles, Cornell’s LII explains.

“If a court decides a claim is frivolous, the court can dismiss the case [and] order the party which files the frivolous claim and the party’s attorney to pay any reasonable expenses, including attorney’s fees incurred as a result of the frivolous claim,” the LII said.

But being wrongfully sued is never easy. These frivolous lawsuits or claims are messy, distressing, time-consuming, and expensive. This is particularly true for small business owners like you who don’t have the expendable income for legal fees or time away from work. 

Plus, in addition to the expense of your fees, emotions, and time, being wrongfully sued can also damage your reputation, Sarah Bottorff of Lawmatics writes for The National Law Review. As seen in “The Social Media Drama” example mentioned earlier, media coverage can adversely affect your personal and professional relationships, costing you customers or your entire business. In fact, according to 2022 Review Trackers Data, 94 percent of consumers avoid businesses entirely after seeing negative online feedback. (Download our free guide to learn how negative reviews can affect your business and how to navigate them.) In turn, defending your small business’s reputation against frivolous lawsuit cases can cost on average $100,000 from beginning to end, Bottorff writes.

At the end of the day, you can’t stop someone from filing frivolous lawsuits. Anyone has the right to file a suit, Anthem Injury Lawyers states, no matter how experienced their stylist is or how ridiculous their case seems. Nor can you ignore them. Outlandish or not, you have to respond.

How can stylists protect themselves from frivolous lawsuit cases?

The good news is, most frivolous lawsuits are filed knowing they’re frivolous, Anthem Injury Lawyers writes. Meanwhile, our legal system can often detect frivolous lawsuit cases and throw them out early on, they said. The best way to protect yourself is to do what you can to prevent frivolous allegations, then have the proper insurance to address meritless claims when they do come. 

Let’s explore what that looks like.

1. Prioritize clear communication and consultations.

Whether it’s a client’s first time in your hair salon or you’ve known them for 10 years, never skip the consultation.

Try your best to discuss limitations and expectations. The better a picture you can paint for them before you start cutting and dyeing, the better off you’ll be.

Actual pictures are a powerful tool. For example, invite your client to show inspo pictures. Then show them photos of similar looks you’ve achieved or what you’re envisioning. This can help you convey how realistic their goals are and if your interpretation is on point. (It’s also a great opportunity to prepare clients for the side effects of hair dye.) Meanwhile, take before and after photos during the appointment to prove what their hair looked like and what injuries did (or did not) happen.

Additionally, prepare a service agreement for each client to sign. Use it to document the game plan you and the client agree to, if it will require follow-up appointments to finish or maintain, potential risks and side effects, how much it will cost, how to care for their new look at home, and any refund or cancellation policies you have.

Moreover, communicate after their appointment, too. Check in periodically to see how their hair is holding up and if they have any questions. 

By combining these efforts, you can make customers feel seen and heard. And, just as importantly, you have receipts in case they accuse you of backtracking on your agreement or try to file a frivolous lawsuit.

2. Set policies for handling complaints.

Complaints happen. Don’t let them catch you off guard.

Study up on customer service best practices. Also, set and review your policy for resolving conflicts. If you manage a team at your salon, set periodic meetings to discuss these policies together. Knowing what to do will help you stay calm and de-escalate before disagreements spiral into blown-out frivolous lawsuits or claims.

We share seven tips for dealing with hairdresser complaints and difficult hair clients.

3. Get ahead of all lawsuits, frivolous and otherwise, with quality insurance.

Some accidents and complaints are easier to prevent than others. (For example, clearing high-traffic walkways and using safety signs can ward off slips, trips, and falls in your hair salon.)

Frivolous lawsuit cases, on the other hand, exceed logical reason and are challenging to predict or prevent. For all manner of conflicts, meritless or otherwise, a beauty pro’s best-kept risk management tool is insurance.

At WellnessPro, we’re equipped to tackle common hair salon lawsuits that plague your industry. From errors and omissions (E&O) and general liability to product liability coverage for the hair stylist products you sell and recommend, our solutions are designed with common hair claims in mind.

Get insurance for hairstylists and barbers online today and leave your frivolous lawsuit worries to us. For policies starting at just $159 per year, get started online here.