[Direct answer]In the Beijing area, it is necessary to distinguish between medical cosmetology and lifestyle cosmetology. Medical cosmetology (such as injection fillers, lasers, and surgical procedures) should be carried out by qualified medical institutions and licensed physicians. If unqualified institutions or individuals cause harm to others, they can claim compensation according to the liability for medical harm stipulated in Article 1228 of the Civil Code of the People's Republic of China. In serious cases, they may also constitute illegal medical practice. For lifestyle cosmetology (such as ordinary nursing, makeup, and skincare) causing harm to others, compensation is generally claimed according to general tort liability or service contracts, and consumer rights protection, and rules such as the presumption of fault in medical harm are not applicable.

I. Problem background and typical scenarios

Beauty salon injury disputes are common in the following scenarios: beauty salons without medical qualifications offering medical cosmetic services such as injections, laser treatment, and microneedling, resulting in disfigurement, infection, and scarring; ordinary skincare, hair removal, and cupping treatments causing burns, allergies, and burns; institutions using products or equipment of unknown origin; failure to inform of the risks before the procedure and evading responsibility after the procedure. In Beijing, when handling such cases, the first step is to determine whether the service belongs to medical cosmetology or ordinary cosmetology, and then establish the principles of liability and the allocation of evidence. It is advisable to first understand the relevant personal injury and medical disputesPersonal injury and medical dispute services.

II. Key points of contention

The focus of the dispute lies in four aspects. Firstly, the nature of the service—whether it belongs to medical cosmetology or lifestyle cosmetology—directly determines the applicable laws and rules of evidence. Secondly, the qualifications of the service providers: whether the institution has obtained a medical institution practice license, and whether the operators possess medical qualifications, are prerequisites for the legality of medical cosmetology. Thirdly, the issue of fault and causality: whether the damage was caused by the service itself, and whether there were improper operations or product defects. Fourthly, the scope of compensation, including medical expenses, loss of income, nursing care fees, follow-up treatment costs, and compensation for mental distress. If the beauty salon engages in false advertising, the consumer can claim corresponding responsibilities according to the Consumer Rights and Interests Protection Law. For disputes involving service contracts and refunds, relevant provisions can be referred to.Business and contract dispute services for enterprises.

III. Professional analysis by Henglue Lawyers

The key point in practice is to "start with qualitative analysis". If it is found that the beauty salon has not obtained the qualifications of a medical institution but still carries out medical beauty projects such as injections and laser treatments, it can directly allege that it is operating illegally and at fault, and use the administrative punishment determination to strengthen the civil claims; if it is a case of harm caused by life beauty services, it shall be treated as general infringement, and it is necessary to prove the fault, damage and causality. In terms of evidence, it is necessary to preserve the service contracts and payment receipts, medical records and visit records, pre- and post-operative photos, product and equipment information, chat and publicity records, appraisal opinions, etc. For the harm consequences, it can apply for a judicial appraisal to determine the disability level and subsequent treatment costs. In terms of litigation subjects, the beauty salon and its actual operators and product providers can be listed as defendants together, expanding the scope of liability property. The overall solution can be implemented throughSpecial services and other case-related servicesCoordinate and plan things in an organized and efficient way to achieve a specific goal or complete a task.

IV. Practical suggestions and legal basis

The legal basis is Article 1165 of the Civil Code of the People's Republic of China (effective January 1, 2021) (liability for tort committed by fault), Article 1179 (scope of compensation for personal injury), Article 1228 (liability for medical damage), and Article 1224 (liability for medical products); the "Administrative Measures for Medical Cosmetology Services" (amended on January 19, 2016) regarding the requirement that medical cosmetology must be carried out by licensed doctors in medical institutions; and the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests" (amended on October 25, 2013) regarding the provisions on fraud and compensation by operators. Practical suggestions: First, seek medical treatment immediately and keep complete medical records and receipts; Second, collect pre- and post-operative photos, payment receipts, promotional materials, and communication records; Third, verify the qualifications of the institution and the operators, file complaints with the health and family planning authorities and market supervision departments, and request the processing results; Fourth, apply for appraisal of disability and follow-up treatment; Fifth, if no agreement is reached, promptly file a lawsuit and apply for property preservation.

5. Henglu Law Firm's Reminder

First, when choosing a beauty service, it is essential to verify the qualifications of the institution. Medical cosmetic procedures must be carried out by licensed doctors in formal medical institutions. Second, there is a subtle difference between "lifestyle cosmetics" and "medical cosmetics", and the applicable laws and compensation procedures differ. The classification directly affects the outcome of the case. Third, do not easily believe the claims of "non-invasive" and "risk-free". Preoperative informed consent and agreement documents should be preserved. Fourth, after the damage occurs, fix the evidence and seek medical treatment immediately to avoid missing the opportunity for appraisal and complaint. If you are unsure about the classification or compensation procedures, you can seek professional help.Beijing Henglu Law FirmMake an appointment for a professional evaluation.

VI. Frequently Asked Questions

Q1: If you get injured at a beauty salon, should you file a claim for medical damages or a general infringement claim?

It depends on the nature of the service. If it is medical cosmetology (injection, laser, surgery, etc.) and is carried out by unqualified institutions or individuals, the victim can claim medical damage liability according to Article 121 of the Civil Code and use the identification of illegal medical practice to strengthen the claim; if it is caused by harm in daily cosmetology (nursing, makeup, etc.), the victim can claim fault compensation according to general tort law and Article 165 of the Civil Code, and can also protect their rights by referring to the service contract or the Consumer Rights and Interests Protection Law.

Q2: What evidence do I need to prepare to claim compensation for injuries caused by cosmetic procedures?

Suggested preparation: service contracts and payment receipts; medical records, diagnosis certificates, and expense invoices; pre- and post-operative photos and videos; product and device information and packaging; qualification materials or evidence of the absence of qualifications for institutions and operators; chat records, promotional pages, and content of commitments; and judicial appraisal opinions on injury or causality. The more complete the evidence is, the more substantiated the proof of fault and the quantification of the scope of compensation will be.

Q3: What are the approximate litigation fees and attorney's fees for beauty-related injury claims?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Costs" (effective from April 1, 2007), and shall be charged in stages based on the proportion of the claim amount, to be borne by the losing party or shared proportionally. The attorney's fees shall be determined according to the proportion of the subject matter, on a per-case basis, or through time-based negotiation, subject to the written power of attorney; in personal injury cases, the reasonable attorney's fees and appraisal fees may be claimed from the liable party in accordance with the law. If a disability rating and follow-up treatment appraisal are required, appraisal fees will also be incurred, and it is recommended to budget for these costs in advance.

Q4: How long does it take for such cases to proceed from prosecution to a conclusion?

Civil cases subject to simplified procedures are generally concluded within three months, and those subject to ordinary procedures are generally concluded within six months. Cases involving forensic appraisals (disability, causality, follow-up treatment costs) will be significantly delayed, usually taking more than half a year to over a year. If either party appeals, the second-instance trial will also take about three months. Forensic appraisals are a crucial stage, so it is advisable to apply for them as early as possible and cooperate with the submission of evidence materials to avoid delays in evidence collection that could affect the outcome.

Q5: After getting injured at the beauty salon, what exactly should I do now?

It is recommended to proceed in four steps: First, immediately seek medical treatment and keep the medical records, diagnoses, and all receipts to avoid aggravating the damage; Second, fix the evidence by taking photos to record the injuries and the scene, and keep the contracts, payment receipts, promotional materials, and chat records; Third, verify the qualifications and file a complaint, reporting unqualified operations or false advertising to the health and market supervision departments, and requesting processing certificates; Fourth, seek compensation according to law. If no agreement is reached through negotiation, hire a lawyer to sue and, if necessary, apply for appraisal and property preservation.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.