When you get a tattoo, the last thing on your mind is that you could end up being harmed as a result of it. Unfortunately, this does occur. If you suffered an injury from your tattoo, it is possible that you can file a lawsuit against the artist or the tattoo parlor. Before you do though, here are a few things you should know.
In personal injury law, negligence is a big part of it. In regards to your tattoo, negligence merely means that the tattoo artist did something that caused you harm. For instance, if the tattoo artist used dirty needles and you developed an infection, this is considered negligent.
Under the law, the artist has the responsibility of providing a standard of care that protects you from harm. Using the previous example, it was the tattoo artist's responsibility to use clean needles or to sanitize his or her needles before doing your tattoo.
Depending on the nature of your injury, you might have trouble proving that the tattoo artist was negligent. The tattoo artist might claim that your infection was not the result of his or her negligence, but your inability to follow aftercare instructions.
To help you build a better case, it is important that you understand some of the possible defenses that the tattoo artist might raise.
One of the most common defenses involves the waiver you signed when you got the tattoo. The artist could argue by signing the waiver, you acknowledged that you were fully aware of the different problems that could arise from getting a tattoo and that you chose to get one anyway.
By getting it, you basically accepted the responsibility for anything that went wrong. This is known as an assumption of risk. You knew there was a risk, as indicated by your signature on the waiver, and yet you went through with the activity.
The artist could also argue that you contributed to your tattoo-related problem. If you did not follow the aftercare instructions, such as cleaning the area, you helped to contribute to the development of your problem. In this instance, you might only collect a percentage of the damages you are seeking, if any.
The best way to determine whether or not you have a lawsuit against a tattoo artist or parlor is to talk to a personal injury attorney, like those at Zavodnick, Perlmutter & Boccia LLC. He or she can assess the facts of your case against the state's laws regarding tattoos and injuries.Share