Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Beauty and aesthetic centers have become places that individuals frequently prefer to improve their physical appearance or to benefit from care services. However, it is a fact that the procedures performed in such centers sometimes lead to undesirable results and individuals face physical, psychological and even financial damages. Victimization due to incorrect practices, personnel lacking adequate training, hygiene deficiencies or the use of the wrong product may gain a legal dimension.
In this article, I will explain in detail the accidents and wrong treatments in beauty and aesthetic centers, who is responsible, in which cases individuals can sue, ways to seek rights and points to be considered in the legal process.
An accident that occurs in a beauty, aesthetics or epilation center has different legal qualifications in terms of the Turkish Criminal Code (TCK) and the Consumer Protection Law (TKHK). If the person was harmed as a result of an error or negligence during the procedure, this situation brings up the crime of injury under the Turkish Penal Code. In such cases, the acts are generally evaluated within the scope of the offense of negligent injury.
In terms of the consumer, since the accident will be considered as a defective service, it is possible for the consumer to use his/her optional rights under the Code of Obligations. The answer to the question “Can I get my money back” will be “Yes!” in this context. It is also possible to claim material and moral compensation.
Under the Turkish Penal Code, the personnel who carried out the procedure or the responsible manager can be directly prosecuted for negligent injury. If the procedure was carried out by incompetent persons or if the necessary precautions were not taken, this may increase criminal liability. The owner of the beauty center may also be held indirectly liable.
Frequently encountered disputes regarding beauty and hair removal centers are actions such as burns and permanent scars, which generally fall within the scope of the crime of negligent injury (TCK 89) in the context of Criminal Law. In such cases, as I mentioned above, you should immediately obtain a medical report from a health institution stating the condition of the injury. Depending on the report and the extent of the injury, a criminal complaint can be filed to the prosecutor’s office and legal remedies can be applied for material and moral compensation.
Some beauty centers take out insurance for their customers. If the business is insured, the damage can be covered by the insurance company. However, it is important to check the insurance coverage; many policies only cover certain types of accidents.
According to the TKHK, beauty and aesthetic centers may be held liable to the consumer for providing defective services. In this case, the consumer generally has the following rights:
After the treatment, there is a separate complaint process in terms of criminal law and a separate complaint process in terms of private law. In other words, it is not possible to claim both the crime and your rights as a consumer with a complaint petition. Both complaint processes are independent of each other. What you need to do after the accident:
According to Turkish legislation, hair removal and similar aesthetic procedures should only be performed in places licensed by the Ministry of Health and by authorized persons. An unauthorized person can lead to both administrative sanctions and criminal liability.
One of the most common problems encountered during hair removal and skin care is burns on the body. In order to interpret whether these burns constitute the crime of injury, it is necessary to obtain a doctor’s report from a full-fledged health institution.
The statute of limitations for lawsuits to be filed as a result of accidents occurring in beauty and aesthetic centers varies according to the type of claim:
The statute of limitations for the crime of negligent injury under the Turkish Penal Code is generally 8 years. This period starts from the date of the accident. If there is a more serious criminal element (for example, conscious negligence), this period may be extended.
The statute of limitations for compensation or refund claims for defective service is generally set as 2 years in the TPL. However, in the case of a hidden defect, this period starts to run from the date of discovery of the defect.
According to the Code of Obligations, the general limitation period for claims for material or moral damages is 10 years. However, the period may change if the damage and the responsible party are recognized later.
Note: It is important to seek legal counsel as the exact time limits may vary depending on the nature of the incident and the scope of the claim. It is critical to start the process on time to avoid loss of rights.
