Sam's Beauty School is a privately owned beauty school that trains cosmetologists to earn their cosmetology license to become hair stylists and colorists. Sam's is open to the public for all hair services; students perform hair services for clients under the supervision of licensed cosmetologists that work at Sam's.

Jan went the Sam's to have her hair colored dark brown as she had done many times, although this was Jan's first time as a client at Sam's. Tom, a student trainee at Sam's, colored her hair. Jan's hair turned green and fell out within 24 hours. Jan had never had any problems with hair color previously.

Jan sued Sam's for negligence. Who wins and why? Be sure to provide the elements of negligence and how they would be applied in this case. Also raise any defenses to negligence that Sam's may have.