Can you sue a tattoo artist for bad work? Whether you’re a tattooist or a customer, we can all acknowledge that both sides would like the tattoo to come out beautifully. If it doesn’t, determining who is the responsible party is crucial in coming up with a solution, as we imagine. There are instances in which it’s a given to be legally involved in a “fight” over your tattoo. However, most individuals tend to avoid adding to the already difficult situation by seeking out other tattoo artists to rectify earlier mistakes or eliminate the tattoo.
People believe that you do not want to be on a tattooist’s wrong side, or else you will not do any kind of tattoo again, not just in the particular shop, but in a specific town, region, or even in the state. It’s just a guess. The title is a ploy that tattoo artist use to keep their image within the tattoo industry. Somebody has to be held accountable if you’ve had a horrible experience and an even more disastrous outcome. In the following paragraphs, we’ll discuss instances where legal action is mandatory and instances that allow you to sue your tattooist. Let’s get started!
Can you sue a tattoo artist for bad work?
Before we get into the scenarios where a lawsuit may be feasible and needed, it is essential to be aware that tattoo professionals are, in advance, protected against lawsuits from clients. How? It’s because every reputable tattoo artist and owner of a tattoo studio makes sure they are sued for their mistakes. This considers malpractice coverage for tattoo and piercing artists. You can take on both of them, and their insurance will pay for legal costs, lawsuit costs, and settlements, but the odds of getting correct are low and quite tricky.
Since everyone has the potential to commit a mistake, don’t they? But, in the end, it’s to protect themselves and their safety. If you have a strong case and you’ve suffered a traumatic incident that led to a much worse result, no insurance or legal protection will lessen the seriousness of the situation. Neither can your right to file a lawsuit and prevail in the case. This is when you can do this!
Injury during tattoo application
Since tattooing is based on the tattoo gun and needles that can be very dangerous when misused, it’s not surprising to hear of people suffering injuries while performing a tattoo procedure. Suppose you’ve sustained an injury while visiting a tattoo shop. In that case, you could file a suit for damages against tattooists accountable for your injuries and the tattoo studio in general.
Remember that to establish an argument, you must take pictures of your injuries and specifics of the location and when the damage occurred. It is essential to provide your legal counsel with the complete information feasible. Photos of the injuries are required, as are pictures of the area where the injury occurred, details about witnesses, reports on the medical treatment given to the damage, and so on. This will aid in proving that you’re correct and could assist in winning the case or, at the very least, an agreement.
Tattoo or other infections
A less frequent occurrence is suffering from infection after receiving a tattoo. Infections occur often, and they appear as the result of poorly sterilized equipment, artists who fail to disinfect the area where the client is tattooed, or artists who fail to wash their hands thoroughly before beginning tattooing. In certain severe instances, artists use equipment that has been employed on a client suffering from an infectious disease and then spread it to new customers suffering serious health effects. There are severe cases in which a lawsuit does not have a fair and expected outcome.
It is essential to keep in mind that tattoo-related infections may occur due to improper post-treatment for tattoos; some clients are prone to disregard the aftercare guidelines given by the tattoo artist. Therefore, you must be sure that the issue resulted from the tattoo artist’s negligence or misconduct, or else you won’t have an argument.
Slip and fall cases
You might not think it’s a basis for a lawsuit; however, clients who fall or slip in the tattoo studio, should the accident result in injuries, could bring a lawsuit against the studio. A cord tripped over or dropped and spilled liquids or hurt themselves with tattoo equipment can usually result in some form of injury. It is the staff of the tattoo studio’s duty to ensure that the area is clean for visitors, thus minimizing the risk of clients falling, slipping, or falling. If this does occur to a customer, they can bring a lawsuit.
Bad or unsatisfactory tattoo
One of the main reasons for a lawsuit against the tattoo artist is upon receiving a poor or poor-quality tattoo. Since tattooing someone provides an irreversible change to their appearance, a customer may sue a tattooist or even a tattoo shop over the unsatisfactory quality of their tattoo. The fight ahead could be brutal, and you could bring a lawsuit but the process of showing you’re correct and the tattoo artist needs to be right can be costly. Also, you’ll need evidence and as much evidence as you can; photos of your desired design and the one you have is crucial.
Allergic reaction to the ink
Occasionally, patients experience an allergic reaction after receiving an ink tattoo. Someone could have an allergy to pigment or ink used to tattoo or any other chemicals used to prepare you for your tattoo at the start of the procedure. If this happens, the client could file a lawsuit against the artist or studio to seek the amount of compensation.
In this situation, it is also necessary to gather as many details regarding the incident as you can, such as a photo that shows the reaction, the time, and where it occurred as well as medical treatment records and so on. It is vital to have the most evidence you can. Keep in mind that it is not possible to test for allergy to ink. However, researchers are developing the possibility of a patch test to detect adverse reactions to tattoos. In the meantime, you’ll need to rely on extrinsic evidence and data.
Can you sue a tattoo artist for bad work: Everything you need to know
Before you can decide to file lawsuits against a tattoo studio/artist before you file a case, you must do the following :
- Show negligence to be able to sue. You have to establish negligence or personal injury that an artist caused. You must prove that the artist and studio have not met the operating standards required by law and then demonstrate their negligence through the consequences of their conduct. For a more precise explanation, you must prove the injuries you’ve suffered as the result of visiting their tattoo shop. This includes photographs of your reaction to an allergic reaction, the result of an infection, a wrong or insufficient tattoo, or any injury caused by the tattoo equipment.
- Consider contributory/comparative negligence – when filing a lawsuit, you need to remember that it is not enough to prove the other party is guilty. Also, it would help if you kept the possibility of your negligence or contributory. This implies that there could have been something you did to cause an unsatisfactory tattoo, the emergence of infection, or even the occurrence that resulted from a slip and fall. The other side may try to take advantage of this; therefore, make sure you examine the situation and make certain that you didn’t contribute to the problem in any way at all.
- Consider the contract you signed. Sometimes, the tattoo artist may request that you sign an agreement with them or their tattoo studio. This is an agreement to protect them from legal action in case of a problem. If you’ve signed the contract, there could be some issues in you filing a lawsuit. You must prove that you were negligent 100%; however, even then, you may receive just a tiny amount of money to compensate for the harm caused by an unsatisfactory tattoo.
A lawsuit against an artist who tattoos is a challenging task. If, you are suffering from a significant injury to your health or your tattoo isn’t like the original concept, then we suggest you bring a lawsuit and assert your rights. Be sure to speak to an attorney who can help you navigate the process and provide all necessary evidence to show the negligence of your tattooist and to prove that they did not do a satisfactory job. You’ll need to prepare to demonstrate your case. So, make sure you get plenty of trustworthy photographs that are authentic and have all the relevant information. Now you know if can you sue a tattoo artist for bad work. We wish you good luck!