The New Year has begun and as the Sunday morning hangover begins to fade, you strive to go through your memory and make some of your choices for New Year’s Eve … say … less than stellar. There was this fourth round of flaming shots to consider, and did you really argue with this stranger in the elevator? In addition, you may or may not have vomited in your body; handbag, car, guest house or driveway. Maybe not your most proud moments – of course, but still surviving. But wait, wait: did you also have a tattoo?
One of the deadly sins of tattoos is never to have one while you are wasted and your common sense is on vacation. Fortunately, many artists will not even touch you if you’re drunk, but it does not cover scratches and opportunists. So you? Did you waste your time and get tattooed? Are you really that hangover guy 2?
Or maybe you have not even been wasted? Just sweep for the moment and the mermaid song of the tattoo machine has called you and you are now that type-
Fun fact – it’s on the back of a guy – he told his friend to get a tattoo “whatever you want”
What if you thought that the tattoo artist was somehow to blame? The title of this post is not a coincidence. By searching Google for returns with “tattooing prosecution”, etc., the phrase “can you sue a tattoo artist for bad tattooing” has yielded more than 11,000,000 results. Eleven million. Let this enter a little. And of course, the question is, can you? Can you sue a tattoo artist for a bad tattoo? Tattoo laws differ from state to state and in many states, the governance of sales conditions and qualifications of artists is surprisingly limited. It is up to you – the client – to do your homework and not to venture into any store and assume they are professionals. In many parts of the country, the ONLY qualification required to operate a tattoo shop is a $ 25 commercial license issued by the city where the store is located. Dog groomers exercise more supervision and responsibility.
But you read this article because Welcome Aboard may have tattooed you on the ass or something similar and you need to know if you can sue a tattoo artist for a bad tattoo. The answer, yes – sometimes. You may need to prove that the artist was negligent, misrepresented (he showed a portfolio work that was not his, etc.) or that his technique was considerably flawed. Most of these prosecutions will fall in the judge’s opinion, as this type of prosecution will take place primarily in the Small Claims Court. But before you rush to find a lawyer who will help you seek justice for your poorly designed tattoo, remember that you, as a consumer, also assume certain responsibilities. You still get what you pay for and if you get tattooed by a hack for a super cheap price, then you will not be too surprised when your results are pretty …
Unfortunately, good artists are sometimes victims of frivolous lawsuits brought by clients who got exactly what they wanted and then regretted it. Here is a true story of PPIB regarding one of their insured tattoo artists;
Tattooers and Small Claims Court – Life is not always right!
The insured person made a decorative tattoo on the client’s forearm with a drawing provided by the client. The customer was very satisfied with the result. A few days later, the client’s father came to the insured’s store with his wife. They asked if the insured had completed the client’s tattoo. The insured admitted he had. The parents then became furious because they did not like the tattoo and said it was against their religion. The insured person provided the client’s father with a copy of the consent form and the client-provided identification document indicating that the client was old enough to consent. The father acknowledged the consent agreement and left.
In less than one week, the insured received legal action in the Small Claims Court (SCC) alleging damages of $ 7,500 as a result of the tattoo that the client and his father claimed had been committed by negligence. The insured, knowing that he could not be represented by counsel at the CCS, assumed that his insurance company could not do anything or would do for him. He and his wife prepared a very good defense for the CCS trial but, despite the fact that the client’s father was not entitled to assert his rights on behalf of his adult son (who was not present at the time). trial), the tattoo artist lost the game.
The SCC awarded the plaintiffs $ 7,500 in damages. The insured person reported the matter to his insurance company for assistance. The expert contacted the client’s father to discuss a compromise, but he refused. The carrier then hired a defense lawyer and finally, the plaintiff agreed to accept $ 6,000 as a full and final settlement.
A tattoo artist can do everything right while remaining a victim of the circumstances. In this case, the insurance company was able to intervene on behalf of the tattoo artist even though the Small Claims Court did not allow direct representation.
So what is the moral of this particular story? I spot several.
Do not be a total D-Bag. (If you do not know what a D-Bag is, I’ll give you a clue – it rhymes with Smoosh-Bag) If you have a tattoo and you like it and it’s all good, do not come back not then to the artist with forged legal claims because you have changed your mind or your family or loved one is not satisfied with your tattoo. Own your ink. It’s your skin and your life – you’ve made an informed decision now with her.
Think before you think – This is always true and never again when you act directly against your parents or others in your life who have a direct influence on you. My mother hates my tattoos but she is not going to sue the artists who tattooed me. Why? Because I am a big girl and that she understands that I make my own choices. If your family is incredibly anti-tattooing (or your job or religious group), then do not put an unlucky tattoo artist in the middle of a power struggle. Have it sorted BEFORE your tattoo or do not get it.
If you are a tattoo artist, you need insurance! Why? See n ° 1.
Being a tattoo artist is hard work and the potential for problems and dramas can be high – here is another gem of PPIB for your consideration;
Dog Bites – and S0 makes reality
Claims may arise if there is a dog in the store. In one case, the dog bit the girlfriend of the shop owner. Because of the potential liability of the bite, he was willing to keep her as a friend, even if he was a little above the relationship. When the claims department told him that the limitation period was two years, he decided he could not stay with her for more than two years. Once he broke the relationship, the woman sued for the bite of a dog. It did not finish well. Dog bites are considered an absolute responsibility for the dog owner – there is no defense.
Another time, when a dog bit the client of the tattoo shop, everything ended well because the client was fleeing by the local authorities. He did not stay long enough to file a claim.
OK, let’s summarize this with some critical life lessons;
Do not bring your dog to the shop. I know it sounds like a low blow, but it had to be said.
Do not bring your girlfriend to the shop if she is; a) is not really your girlfriend b) litigious c) is not a big dog fan OR d) likes dogs, wants to be with you forever, but unfortunately smells meat-based snacks.
Do not take your fugitive friend to the store because – well, just because. But good – freebie on this dog bite incident!
Remember – you do not want pending lawsuits to choose your romantic partner and you want tattoo insurance if you plan to do any of these things.
So, if you’re still sitting in front of your computer with your misspelled tattoo, can you sue a tattoo artist for a bad tattoo on your skin and ask yourself again if you can sue a tattoo artist for a bad tattoo, just know that the answer is yes – sort of – but you should remember not to be a D-Bag and for the sake of God – please leave your dog at home.
Make good tattoo choices in 2019 and always wear insurance!