A tattoo is a temporary or permanent body modification made by ink designs on the skin. This art spans many cultures and has experienced a resurgence over the years.
Although artists want the best for you, sometimes appointments don’t turn out as expected. So, believe it or not, there are cases when a bad tattoo experience leads to a nasty lawsuit.
The most common lawsuits happen if you endured any kind of serious pain. Sure, the process of getting a tattoo is expected to be painful. But lawsuits from pain result from allergic reactions from a tool used during the process. It can result from a tattoo gun being used incorrectly.
Clients are also entitled to compensation if the tattoo leads to an infection. In some cases, redness, swelling, and pain are conflated with infections. But in an actual sense, these are natural reactions of the tattoo healing process.
Some tattoo infections occur as a result of the client’s failure to care for the tattoo. In such a case, you’d be completely liable if the artist gave you the tattoo after-care instructions.
If the artist was irresponsible with their work, then you can hold them responsible. One of the discouragements people have in getting tattoos is the fear that they will turn out badly. This is understandable since tattoos are permanent. And, removing them is an expensive and painful procedure, like laser-based removal.
So can you sue a tattoo artist for causing you injuries? The short answer is yes. The long answer is that there are elements to consider before taking that action.
Tattoo Injury Negligence Claims
Succeeding in a lawsuit due to the distaste for the finished artistic product isn’t easy. But that’s not to say that a tattoo artist can’t do something that’s beyond the boundaries of artistic difference. If an artist breaches their duty of care, it can result in a successful negligence claim.
If you have an injury from a tattoo, you might need an attorney from a lawsuit settlement loan company to help you. They can help you file a personal lawsuit to pay for your medical bills, for instance. That’s why you must get an attorney from one of the best lawsuit loan companies to help you.
Personal injury loan companies are experienced in handling different types of injury claims. The best-rated lawsuit loan companies provide concrete quotes with simple-to-understand rates.
- Negligence Claims for Slip and Falls
Slip and falls are common types of incidents that happen in the blink of an eye. Unfortunately, the results can be devastating. That’s because a slip and fall can cause many injuries. The injuries can range from broken bones to damaged ligaments.
Getting hurt in a slip and fall is no fun. You may have slipped and fallen on a wet floor or tripped over poorly maintained pavement. It could also be that a fall may not have happened had the right measures been put in place.
So who do you blame when you get into a slip and fall accident in a tattoo parlor? If the tattoo artist owns the property, then they would be held liable. But if the rental parlor is someone else’s property, your claim would be against the landlord.
If you slip because of a structural problem in the building, the claim would also be against the landlord. If the structural issue is due to a water leak, for instance, from the ceiling, it would be the landlord’s fault.
But if you fall due to negligence from the tattoo artist, then you’d have to sue them. An instance would be tripping and falling on a floor the parlor’s owner has just waxed. And there was no warning sign to alert you of the danger.
Note that there must be negligence of some kind to win a slip and fall case. The following are some of the issues that may come up in a slip and fall lawsuit:
- How slippery was the floor?
- Was the tattoo parlor’s floor unreasonably slippery?
- Was there a foreign substance that made the floor slippery?
- Were you aware that the floor was slippery before the fall?
- Did the landlord or parlor’s owner know or should they have known that the floor was unreasonably slippery?
- Negligence Claims for Infections
A lot of tattoos get completed without serious infections. But sometimes the infections develop due to negligence. If that happens, you’d have to prove that the artist failed to act reasonably during the lawsuit.
A reasonable act would mean that the artist took basic safety measures like disinfecting the tools and the area. Or, they decided to use new needles during the process. To prove negligence, you’d have to prove that these actions were not taken.
Usually, when you request a tattoo, you’re required to sign a waiver. According to the waiver, you aren’t expected to hold the artist liable for infections.
But these documents are only binding if they were properly drafted and signed. That’s why you must get an attorney to review the waiver. Let them study it to see if it affects your lawsuit.
Also, a waiver can’t be enforceable if there was intentional gross negligence. One thing to note is that these kinds of cases are very hard to prove. You’ll have to show that the artist had knowledge that what they were doing was wrong but did it anyway.
Secondly, the court might find you negligent. They might find that you failed to take steps to prevent the infection. An example would be failing to follow the artist’s instructions on keeping the tattoo clean.
If you can prove that indeed the artist is solely responsible for the infection, then you’d win the lawsuit.
- Negligence Resulting To Unsatisfactory Tattoos
Can you sue a tattoo parlor or the artist for unsatisfactory work? Yes, you can.
With tattoos, it’s difficult to win a lawsuit simply because you don’t like how a tattoo turned out. In any case, you’re more likely to have a case if the artist copied the same tattoo you wanted.
Tattoos result in permanent changes to your appearance. The fact is that an unwanted tattoo can be removed. Some people end up with tattoos that don’t meet their expectations. Many of these clients file lawsuits even if they know they’re unlikely to successfully fight it. But like in other negligent cases, you can win the lawsuit if you prove that the artist was in the wrong.
- Accidental Injury During Tattoo Application
The application of a tattoo requires that the artist uses needles. They also use other equipment that may be harmful if they malfunction.
An artist may be well trained and experienced. But even with that, accidents still happen. If the client gets accidentally hurt while getting the tattoo done, they can file a lawsuit.
Deciding to get tattooed is considered a big step that needs to be thought over. By nature, tattoos are permanent although some can be temporary. If a permanent tattoo goes wrong, it could leave you permanently scarred.
The consequences can be compared to those of negligence from a plastic surgeon. Some consequences can be something minimal, like blisters, but can also be more dangerous, such as blood-borne infections. If you have proof that the artist was responsible for unexpected results, you have the right to sue them and claim compensation.
Iskra Banović is our seasoned Editor-in-Chief at BlueFashion. She has been steering the website’s content and editorial direction since 2018. With a rich background in fashion design, Iskra’s expertise spans across fashion, interior design, beauty, lifestyle, travel, and culture.