MEDIA – A Bala Cynwyd hair salon contends that it was not at fault for allegedly scalding one of its customers on the shoulder with boiling water during her hair appointment.
Wanda Miller of Yeadon first filed suit in the Delaware County Court of Common Pleas on Feb. 3 versus Hairs to You, of Bala Cynwyd.
“On Aug. 15, 2020, plaintiff was getting her hair done at defendant’s salon. During the course of plaintiff’s hair appointment, one of defendant’s employees accidentally spilled boiling hot water on plaintiff’s shoulder,” the suit stated.
“As a result, plaintiff suffered serious pain and suffering as well as permanent scarring. At all relevant times, defendant’s employees acted as an agents, employees or representatives of defendant which is vicariously liable for their actions and omissions.”
The plaintiff said the defendant neglected its duty to ensure that its employees did not engage in careless or negligent conduct, and was thus vicariously liable for that same carelessness and negligence.
“Defendant…was careless and negligent in: Allowing a dangerous conduct to occur in its place of business; Failing to properly supervise its employees such that dangerous conduct was allowed to occur; Failing to maintain proper safeguard for its patrons by permitting boiling hot water to be in close proximity to patrons; Failing to warn its patrons, including plaintiff, that boiling hot water would be utilized in their immediate vicinity; Failing to take proper precautions to ensure the safety of their patrons, such as plaintiff and/or otherwise failing to exercise reasonable care under the circumstances,” per the suit.
“As a direct and proximate result of the careless and negligent acts of defendant and its agents, servants, workmen and/or employees, acting within the scope of their authority and in the course of their employment, plaintiff was caused to sustain serious and permanent personal injuries.”
UPDATE
Counsel for the salon filed an answer and new matter on April 29, largely denying the suit’s claims as merely conclusions of law and demanding strict proof of same at trial – with the lone admission being that the salon owner accidentally spilled water in the incident.
“Plaintiff has failed to mitigate her damages. If plaintiff sustained the injuries and damages as alleged in his complaint, then they were caused by other persons or entities over which defendant had no control nor any duty to control. Plaintiff’s claims are barred, in whole or in part, by the appropriate statute of limitations,” the new matter said.
“Defendant’s liability to plaintiffs, if any, which is denied, is subject to and limited by the Fair Share Act. Plaintiff’s claims may be limited or barred by her own negligence. Plaintiff assumed the risk of any injury. Defendant was not negligent.”
For a count of negligence, the plaintiff is seeking unspecified damages, attorney’s fees, pre- and post-judgment interest, delay damages, costs of suit and such other legal and equitable relief as this Court deems just and proper under the circumstances, plus a trial by jury.
The plaintiff is represented by Alan C. Milstein of Sherman Silverstein Kohl Rose & Podolsky, in Moorestown, N.J.
The defendant is represented by Charles W. Sweeney III of the Law Offices of W. Kelly McWilliams, in Philadelphia.
Delaware County Court of Common Pleas case CV-2021-001322
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com