As tattoos become increasingly popular, so too are the legal disputes that arise because of them. Tattoos can cause severe skin infections and other injuries when the artist uses contaminated inks or unsanitary needles. Disputes can also occur when a mistake is made in the style or design of the tattoo. This article will discuss a tattoo parlor’s liability in these and other situations.
Free Tattoo Infection Lawsuit Evaluation: If you or a loved one developed a skin infection or other injury after getting a tattoo, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.
What is Negligence?
Negligence is a legal principle that holds a tattoo parlor liable for injuries to clients. This is a concept that holds people and businesses legally responsible for unintentional harm they cause to others. To be successful in proving negligence, the injured party must show that:
- The tattoo parlor breached its duties by not meeting required standards of care
- That an injury occurred
- The breach of duty resulted in the plaintiff’s injury
Standard of Care
Standard of care defines how careful a person or business must be under any circumstances. If the tattoo artist or parlor does not meet these standards and someone is injured as a result, they may be held liable. Minimum standards of care you should expect when getting a tattoo include:
- The artist should ask you a list of medical questions before doing any work
- A valid health and safety certificate should be displayed at the work station
- The artist should instruct you as to the appropriate aftercare procedures
- They should inquire about any allergies or health conditions that could result in problems with the tattoo
- The tattoo parlor should keep a record of each client consultation for up to two years
- A new sterile needle must be used on each client
- The artist should wash their hands thoroughly and wear disposable latex gloves before doing any work
- The artist should ask all clients if they are over 18 (it is illegal to tattoo anyone younger than that)
How is Negligence Proven?
It can be difficult to prove negligence because a plaintiff must show that the conduct of the tattoo artist or parlor caused the injury. In turn, the parlor will likely argue that it was not the cause of the plaintiff’s injury, and that in fact the plaintiff was responsible, or there was some other cause for the injury. For example, if you get a skin infection or allergic reaction after receiving a tattoo, the parlor is likely to argue that it was the result of poor aftercare, or that the plaintiff acquired the condition elsewhere.
Breach of Contract
In addition to negligence, plaintiffs may be eligible to file a lawsuit for breach of contract. A contract is any agreement between individuals or businesses in which one side agrees to do something for the other in exchange for something in return. The problem with a breach of contract claim in a tattoo injury case is that the amount of damages plaintiffs are allowed to collect is limited to out-of-pocket losses and consequential damages, or the amount needed to fix the tattoo or have it removed. However, if the plaintiff is unable to prove negligence, or the parlor has a valid defense, breach of contract may be the only legal option for recovering money.
Do I Have a Tattoo Infection Lawsuit?
The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Tattoo Lawsuits. We are handling individual litigation nationwide and currently accepting new skin infection cases in all 50 states.
Free Tattoo Infection Lawsuit Evaluation: Again, if you or a loved one developed a skin infection or other injury after getting a tattoo, you should contact our law firm immediately. You may be entitled to compensation by filing a Tattoo Skin Infection Suit and we can help.