Introduction

Beauty services performed at beauty centers can sometimes lead to undesirable results. Especially in cases where cuts, burns, or permanent scars occur on the skin during procedures such as hair removal, laser epilation, or skin care, it is crucial for the affected person to know their legal rights. This article details which legal remedies a person whose skin is cut while undergoing a procedure at a beauty center can pursue, and whether the fee paid can be reclaimed as compensation.

 By analyzing numerous Supreme Court and Regional Courts of Justice decisions provided, the types of lawsuits the victim can file, which legal grounds can be used in these lawsuits, the burden of proof, and most importantly, whether they can claim the service fee paid and other damages as compensation have been addressed with a holistic approach.

A) Definition of the Legal Relationship in Beauty Services and the Competent Court

Court decisions address the legal nature of the services provided in beauty centers along two main axes. This distinction is critically important for determining which court will hear the case.

Contract for Work Approach: Many Supreme Court decisions classify such aesthetically-motivated procedures as a “contract for work” regulated under the Turkish Code of Obligations. According to this approach, the beauty center (contractor) undertakes to achieve a specific result (aesthetic appearance). This situation was expressed in a decision by the 3rd Civil Chamber of the Supreme Court as follows: “Such situations arise from a ‘contract for work’ regulated in Article 470 (former Article 355 of the Code of Obligations) and subsequent articles of the Turkish Code of Obligations (TBK).’ In this case, the beauty center is in the position of ‘contractor’ and is ‘obligated to perform the work it has undertaken in accordance with the rules of science and art, the provisions of the contract, the trust placed in it, and the expected purpose, as required by its duty of care.'” (Supreme Court 3rd Civil Chamber, 2015/10634 E.). The formation of cuts, burns, or permanent scars on the skin as a result of the procedure means that the work is “defective” (flawed).

Consumer Transaction Approach: The other, more common approach is to view this relationship as a “consumer transaction” under the Law on Consumer Protection. The beauty center is a “provider” offering services for commercial purposes, and the person undertaking the procedure is a “consumer”. Indeed, the 13th Civil Chamber of the Court of Cassation stated in one of its decisions, “‘Article 23 of Law No. 4077 stipulates that all disputes related to the application of this law shall be heard in consumer courts.'” (Court of Cassation 13th Civil Chamber, 2015/36944 E.) thereby clarifying that the competent court is the Consumer Court.

These two approaches do not contradict each other. In modern legal practice, Consumer Courts also handle disputes arising from contracts for work where one of the parties is a consumer. Therefore, the person who sustained cuts on their skin should most likely file their lawsuit in the Consumer Court.

B) Legal Remedies and Types of Compensation Available

The remedies available to the victim and the types of compensation they can claim are as follows:

Civil Lawsuit (Claim for Compensation): This is the most fundamental and common path. The person can apply to the Consumer Court and claim the following:

Refund of Transaction Fee (Pecuniary Compensation): The examined rulings clearly indicate that the fee paid due to faulty service can be refunded. In a decision by the Bakırköy 10th Consumer Court, it was stated that “the plaintiff’s request for the refund of the amount paid to the defendant should also be accepted” (2021/755 E.). The 6th Civil Chamber of the Court of Cassation also found the demand for “refund of the contract amount” (2021/188 E.) legitimate.

Other Material Damages: All expenses incurred for the treatment of the resulting cuts, such as doctor, hospital, and medication costs, can be claimed under this scope.

Non-pecuniary Damages: Non-pecuniary damages can be claimed due to the physical pain, sorrow, suffering, aesthetic concerns, and negative effects on social life caused by the cuts on the skin. The Supreme Court, in a case where a tear occurred after a faulty waxing procedure, emphasized that non-pecuniary damages should be awarded, stating that “it is not conceivable to think that the plaintiff’s peace of mind and body was not disturbed” (Supreme Court 13th Civil Chamber, 2010/13173 E.).

Criminal Law Path (Complaint): The resulting injury may constitute the crime of “Injury by Negligence” under the Turkish Penal Code. An individual can file a complaint with the public prosecutor against the personnel who performed the procedure and the responsible managers. However, the criminal law path is more arduous. In some decisions, the Forensic Medicine Institute has characterized the injury as “a natural course of the clinical picture that cannot be attributed to any medical error or negligence” (Supreme Court 12th Criminal Chamber, 2019/9780 E.), and therefore, the defendants were acquitted. Conversely, in another criminal case, it was determined that the injury “resulted from an error in the use and application of the laser epilation device” (Supreme Court 12th Criminal Chamber, 2016/11766 E.), and the responsible parties were found at fault. Therefore, the outcome of a criminal case depends on whether negligence can be clearly proven.

C) Key Elements for Winning the Case

For a compensation lawsuit to succeed, proving the following points is critically important:

Existence of Fault: The foundation of the lawsuit is the proof that the beauty center or its employee acted faulty (erroneous, careless, negligent). Situations such as the procedure being performed contrary to standards, non-compliance with hygiene rules, or the use of wrong equipment or technique constitute fault.

Expert Report: Courts invariably obtain an expert report before making a decision on such technical matters. The report is usually prepared by a committee consisting of dermatology and beauty specialists. As emphasized by the Supreme Court of Appeals, the court should request “the preparation of a detailed and reasoned report by forming an expert committee including a Beauty Specialist and a Dermatology Specialist, open to the supervision of the parties, the court, and the Supreme Court of Appeals” (Supreme Court of Appeals 13th Civil Chamber, 2015/5821 E.). The fate of the lawsuit largely depends on this report.

Violation of the Duty to Inform: It is an obligation for the beauty center to inform the customer about potential risks and complications before the procedure and to obtain “informed consent”. The Supreme Court of Appeals states this as follows: “...it is an obligation to inform the client about the results and complications that may arise before the application.” (Supreme Court of Appeals 3rd Civil Chamber, 2015/10634 E.). Failure to fulfill this obligation is a factor that aggravates the center’s responsibility.

Conclusion

A person who suffers cuts, burns, or permanent scars on their skin during a procedure at a beauty center has multifaceted legal rights. Reviewed court decisions clearly demonstrate that such a person can apply to the Consumer Court to demand both a refund of the procedure fee paid and other material damages, such as treatment costs, as well as non-pecuniary damages for the suffering endured.

The success of this process depends on proving that the beauty center provided faulty service, especially with reports from expert witnesses in the field. The center’s failure to provide adequate information about the risks before the procedure will also strengthen the plaintiff’s case. Depending on the nature of the incident, it is also possible to file a separate criminal complaint for negligent injury. Consequently, if the legal process is managed with the right steps, it is highly probable that the victim’s damages will be compensated and the fee paid will be refunded.

Why Expert Tuzla Lawyer Support is Necessary?

In cases of damages such as burns, cuts, scars resulting from faulty procedures at a beauty center, the compensation process requires technical knowledge, health law expertise, and the interpretation of Supreme Court decisions. During the litigation process, many details become important, such as expert reports, witness statements, hospital documents, and contract examination.

Therefore, it is very important for victims to receive support from lawyers experienced in regional and consumer law, such as Tuzla lawyer, Pendik lawyer, Kartal lawyer, Maltepe lawyer, Gebze lawyer, Tepeören lawyer, Orhanlı lawyer, Aydınlı lawyer, and Çayırova lawyer, to prevent both material and moral losses of rights.

An expert Tuzla lawyer knows in which court a lawsuit should be filed, how evidence should be collected, and which Supreme Court decisions can be cited as examples, and provides strategic contribution for increasing the amount of compensation.