Liability When Things Go Wrong At The Tattoo Parlor
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When we think of getting tattoos, we think of it as a piece of artwork, and to a large extent, it is. But don’t forget that that artwork entails putting a needle under your skin, and working with and altering, your body. Because of that, things can and do go wrong when people get tattoos.
The Risk of Infection
Much like any procedure that entails puncturing skin, it is of utmost importance that the instruments that the tattoo artist or facility is using, are properly and fully sterilized. Many tattoo artists may put a lot of care into their artwork, but not much care into ensuring the safety of the equipment that they are using on you and your body.
Note that after you get a tattoo, it is important to follow the post-care instructions very carefully, many of which will help you avoid complications like infections.
Cross Contamination
Any time a needle is being put into your skin, there is not only the risk of introducing bacteria or other dangers into your bloodstream, but there is also the risk of cross contamination—that is, passing blood borne diseases from one customer to another, because the needles and other tools have not been properly sterilized. Things like hepatitis, syphilis, and even HIV, can easily be passed from one customer to the next.
Contaminated Ink
Sometimes, the ink itself is unsafe—it’s contaminated. Whether it is contaminated because it came from the factory that way (making it a products liability lawsuit) or whether it was contaminated by improper handling or mixing of chemicals at the tattoo parlor, is something that your attorney will have to investigate through the course of any injury lawsuit.
The human body also has the potential to be allergic to the chemicals in the tattoo ink. That can lead to allergic reactions. If the reactions are serious enough, a tattoo artist or facility needs to quickly and properly call authorities, to get affected customers or clients immediate medical help.
Artistic Mistakes
Many may wonder whether or not there can be a lawsuit if artistically, the tattoo design or artwork you wanted, is not the tattoo that ends up on your body.
As a general rule, this kind of injury is more like a breach of contract case, where you didn’t get what was promised to you. Unless there is some physical injury involved, an aesthetic difference between what you were promised and what was tattooed on you, or a subjective dislike of the artist’s handiwork, will normally not justify a personal injury lawsuit.
However, in cases where a minor gets tattooed, and there is no parental consent, there may be liability against the tattoo artist or facility.
Licensure
Tattoo artists in Rhode Island do have to be licensed by the state, in order to perform tattoos. However, the amount and extent of medical training that is required, is negligible. There is no requirement that artists undergo a blood borne pathogens course.
Contact our Rhode Island injury lawyers at Robert E. Craven & Associates at 401-453-2700 today if you were injured at, or after going to, a tattoo parlor.
Sources:
rules.sos.ri.gov/regulations/part/216-40-10-15
enjuris.com/blog/questions/tattoo-artist-lawsuits/#:~:text=Yes%2C%20there%20are%20certain%20circumstances,or%20applying%20the%20tattoo%20incorrectly.