Tattoos, Injuries and Compensation
Tattooists must carry out their work appropriately with reasonable skill and care as well as ensuring they comply with all aspects of relevant health and safety laws. Our solicitors have the experience to guide you through the compensation process, find out if you could be entitled below:
Minimum standards of care - What you should expect:
- The artist should go through a list of medical questions with you before attempting to do your tattoo and if they do not then be wary
- They should also display a health and safety certificate
- The artist should also make sure that you have all the appropriate after care advice
- They should ask you about any allergies or health care problems that may affect you and they are also obliged to keep detailed records of this consultation for up to 2 years
- A new sterile needle has to be used on every customer
- The artist should wash their hands thoroughly and wear disposable latex gloves
Please note: It is illegal for anyone to tattoo a person if they are under the age of 18 but the offence is with the person who carries out the procedure rather than the person who asked for the tattoo.
Tattoo injury compensation claims - The law
It can be difficult to establish negligence, but if you can show that the artist has been negligent and you have suffered harm or injury as a result then you may also have a claim in negligence as well as contract.
If a tattooist makes "a mess" of your tattoo, then in accordance with consumer law the tattooist is breaching their contract with you and you may be able claim compensation. However, it can be difficult to establish what a reasonable figure for compensation would be for a tattoo not quite turning out how you would expect.
It can be difficult to prove that the tattooist produced the wrong artwork unless you have the picture of the artwork you requested to be produced and that you can swear that you instructed them to follow that artwork.
A tattooist would also be liable for "consequential losses" if it ended up costing you money as it had to rectified elsewhere or if you had to have it removed.
If you have developed a skin condition/infection/allergic reaction following the tattoo you will have to prove that the injury did not develop as a result of your lack of care whilst it was healing or that you would have suffered from the skin condition/infection in any event. (Please note that this is not an exhaustive list.)
As a guideline, if you are considering pursuing a claim for compensation then our solicitors recommend that you obtain the following information:
- The full name and address of the tattoo parlour and the name of the tattooist if possible
- Confirmation of the date it was undertaken
- Details of any consultations between you and the tattooist both prior and post having the tattoo
- Retain the original artwork that you instructed the tattooist to carry out
- Take clear photographs showing the artwork carried out or subsequent skin condition
- Consider what fault you are alleging against the tattooist eg has the design gone wrong? Have you suffered an infection and even one of the more serious infections such as HIV, tetanus or hepatitis? Has there been an allergic reaction?
- What complaints have been made to them and what was their response? Do you have any documentation to support this?
- What medical attention have you sought? Have you visited another tattooist in an attempt to remedy the situation? Have you had it removed or sought advice in relation to this?
- Seek immediate medical attention for advice and treatment for any skin condition and ensure a clear record is made in the medical records as to the circumstances surrounding your skin complaint
Make an injury compensation enquiry
If you wish to or are considering make a claim please contact our dedicated team of solicitors who will provide a free initial assessment and advise as to whether or not you have a case.
Call freephone 0808 129 3320 or complete our no-obligation online enquiry form. If you then decide to pursue the claim we can act for you on a "No Win No Fee" basis.
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