The High Court has ordered a salon owner to pay E159 941.80 in damages after finding that her negligence caused a client to suffer a serious ear injury while having her hair washed.
Takangwane Dlamini, represented by her mother and guardian Bongekile Ginindza, sustained a perforated eardrum after hot water mixed with chemical relaxers entered her ear during a hair treatment at Ntombifuthi Dlamini’s salon at the Commercial Centre Building in Mbabane.
The plaintiffs initially claimed E199 941.80 to cover medical expenses, pain and suffering, and transport costs. Takangwane, who had been a loyal customer since 2017, testified that she trusted the salon’s services.
During the treatment, after applying a chemical relaxer, she was directed to sit next to a sink for rinsing. She recalled that Ntombifuthi suddenly turned her head, allowing hot water and the relaxer to enter her right ear.
She reacted immediately, feeling sharp pain and noticing traces of blood on the towel when she wiped her ear. Despite the injury, Ntombifuthi is said to have continued the treatment, placing Takangwane under a steamer and then a hair dryer. The client said she returned home in pain, hoping the water would clear, but the discomfort worsened over the following days, prompting her to seek medical attention.
Takangwane stated that she consulted Dr Gladge Varghese, an ear, nose and throat (ENT) specialist at Ezulwini Private Hospital.
Dr Varghese testified that the patient had a perforated eardrum with burned, corrosive margins consistent with chemical exposure. He explained that the injury required surgical repair, which he performed using a myringoplasty procedure. The doctor said the surgery successfully restored the ear after several months.
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The court heard that Ntombifuthi initially apologised and sent E600 to cover the first medical consultation. She is, however, said to have later denied liability, claiming the payment was an act of sympathy rather than admission of responsibility.
Ginindza, the mother, also testified that Ntombifuthi admitted she had not been paying attention during the treatment and that she had been distracted while washing Takangwane’s hair.
Judge M Dlamini ruled that the evidence demonstrated the injury resulted directly from the salon owner’s negligence.
“The wrongful conduct by the defendant was her act of turning the plaintiff’s head while rinsing the relaxer, which exposed the ear to water and chemicals,” the judge said.
He added that a reasonable person in the defendant’s position should have foreseen the risk of injury.
The court also noted that the defendant continued with the treatment despite the obvious injury and failed to testify during the trial.
In determining damages, the court accepted the plaintiffs’ claims for medical expenses and transport costs. However, the claim for pain and suffering was partially reduced.
The plaintiffs had requested E150 000, but the court ruled that part of the claim related to the mother’s emotional distress rather than the physical injury suffered by Takangwane.
The court awarded E110 000 for pain and suffering, bringing the total damages to E159 941.80.
The court also ordered that interest be paid at a rate of 9% per annum and that the defendant cover the legal costs of the case.
Additional Context
This ruling reinforces the legal principle that service providers owe a duty of care to clients. Negligence in professional settings, particularly involving chemical treatments, can result in significant liability where harm is foreseeable and preventable.
