With the dynamic development of the cosmetics and aesthetics industry, the number of court cases involving errors in cosmetic procedures is also growing. Clients of beauty salons and aesthetic medicine clinics are increasingly seeking legal protection when they experience health damage or lasting aesthetic effects. This article presents selected rulings from common courts in Poland, which shed light on the interpretation and practice of courts regarding liability for incorrectly performed cosmetic procedures.
Case law has consistently held that liability for the consequences of an improperly performed cosmetic treatment may result from both non-performance or improper performance of the contract (Article 471 of the Civil Code) and tort (Article 415 of the Civil Code). The choice of basis for liability often depends on the circumstances of the case and the existence of a contractual relationship between the client and the salon or specific provider of the treatment.
Judgment of the Supreme Court – Civil Chamber of 10 January 2000, III CKN 1008/98: "It is beyond dispute that this case concerns a so-called cosmetic procedure. The well-established view in this respect is that in the case of such procedures, one cannot assume responsibility for the result. This procedure is classified as a duty of care, and the physician's liability is not triggered by the fact that the results promised by the physician were not achieved despite due diligence. There are no grounds for increasing liability for this type of medical activity. This position cannot be changed by the fact that in surgical and plastic procedures, the appropriate proportion of the surgical risk must be maintained in relation to the expected result, that the highest degree of care must be observed in the manner of performing the procedure and its technical conditions; and that the requirement for patient consent is more stringent in these procedures. These circumstances are taken into account when assessing liability under the duty of care."
The case involved a failed cosmetic procedure. However, as the Court emphasized, such procedures are classified as obligations of due diligence, not obligations of result. A doctor or cosmetologist is not liable solely because the procedure's outcome failed to meet the patient's expectations, provided there was no malpractice. The expert opinion did not reveal any negligence on the doctor's part or any deficiencies in the standard of care. The plaintiff's subjective feeling of permanent disfigurement was not confirmed by medical knowledge. The risk of unfavorable scar healing (so-called tissue overgrowth) was unforeseeable and cannot constitute a basis for attributing blame to the doctor.
Judgment of the Court of Appeal in Poznań – I Civil Chamber of 14 July 2017, I ACa 156/17: "The owner of a beauty salon or a beautician is liable to the client as a service provider. The service provider is liable for the performance of the obligation arising from the contract concluded with the client (contractual liability – Art. 471 of the Civil Code) or for tortious liability (Art. 415 of the Civil Code). An unlawful act is an act inconsistent with the rules of law, principles of social coexistence, good customs, and professional principles. A beautician performing a procedure in a manner inconsistent with the rules of a given procedure gives rise to liability if this action causes damage. Damage may include bodily injury. It is important to establish that the damage resulted from the action of the person performing the cosmetic procedure and has an adequate causal relationship with this action."
In the aforementioned judgment, the Court of Second Instance confirmed the position of the Court of First Instance that the beauty salon is liable for damage caused by an incorrectly performed cosmetic procedure under the principle of tortious liability (Article 415 of the Civil Code), not contractual liability. The beautician's actions were contrary to professional principles, and the result was permanent aesthetic and psychological damage to the client. It was determined that the damage was adequately causally related to the incorrect performance of the procedure. The salon owner is additionally liable under Article 429 of the Civil Code because he entrusted the procedure to a person who made a mistake, and is therefore liable for so-called fault in choosing. The plaintiff suffered facial burns, scars, and post-traumatic stress disorder, as confirmed by an expert opinion. The court found that the awarded compensation of PLN 40,000 was appropriate – it took into account both the physical pain and psychological suffering of the client, her young age, and the longevity of the consequences. The court of appeal found no grounds to interfere with the amount of compensation awarded, considering it to be balanced and within the scope of the first instance court’s discretion.
Judgment of the Court of Appeal in Kraków – I Civil Division of 12 July 2017, I ACa 137/17: "The fact that an employee of a beauty salon informed the patient about the possible risks associated with the procedure does not release him from the responsibility for exercising due diligence in performing the procedure, following the procedures specified in the equipment's operating instructions or reacting to reported irregularities and providing the patient with appropriate medical assistance."
Summary
As the cosmetics industry grows, so does the number of compensation claims for incorrectly performed treatments. Liability for beauty salons and aesthetic medicine clinics may arise from contract (Article 471 of the Civil Code) or tort (Article 415 of the Civil Code), depending on the circumstances. The Supreme Court emphasizes that cosmetic treatments are obligations of due diligence, not of result – the lack of expected results does not automatically imply liability unless an error occurred.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 15, 2025
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