Can I Sue a Tattoo Parlor for an Infection from a Tattoo?

Monday, October 31, 2016

Can I Sue a Tattoo Parlor for an Infection from a Tattoo?

Written by Malman Law, reviewed by Steve J. Malman.

Experienced Injury Attorneys Serving Victims of Tattoo Parlor Negligence

Tattoos are becoming a common fixture on the human body, and they are even trending as fashion statements. As more tattoo parlors open up to accommodate the demand for this latest trend, one must ask what happens if you get an infection due to improper standards at that parlor. After all, it is not uncommon to find a tattoo parlor that doesn’t properly sanitize their equipment – which could lead to deadly infections.

Making Your Claim for Negligence

In order to hold the tattoo parlor liable for your injuries, you must first establish that negligence was present. Negligence is a concept that holds people (as well as businesses) accountable for harm that was caused (even if it is unintentional). In order to establish negligence in this type of case, you would need to show that the tattoo parlor:

1. Owed you a duty of care – in other words, you were a paying customer who received a tattoo there.
2. Breached their duty of care – this can include not sterilizing equipment that was required to do for sanitary purposes.
3. Causation – their failure to sanitize tattoo equipment is what led to your injury.
4. Harm resulted – because of your injury, you suffered damages, such as medical costs, hospitalizations, time off work, etc.

Standard of Care for a Tattoo Shop

The standard of care requirement varies for everyone and every business. For a tattoo professional or shop, here are some examples of standards of care that they must follow:

• They must ask about your medical history to make sure that you do not have any allergies.
• They need to use new and sterile needles on each client.
• They must wash their hands thoroughly before touching the client, and also wear disposable gloves.
• They must give you after-care instructions.
• They must display health and safety certificates.
• They must request proof that you are over the age of 18 years.

Proving Negligence

As the plaintiff, you must meet the burden of proof by showing that the tattoo shop or professional failed to provide the standard of care expected of them. This means showing that they didn’t wash their hands or that they used a dirty needle. If you have evidence of an infection outbreak, then you may be able to use that information to establish your case, too.

Contributory Negligence Plays a Role

While the tattoo shop could be to blame, you may also play a role in your infection. For example, if you have not followed the after-care instructions provided to you, then you suffered an infection. If you are partially at fault, you can still collect compensation under contributory negligence, but the amount will decrease based on your fault percentage.

Infection from a Tattoo Parlor? Contact Malman Law

If you have contracted an infection from a tattoo and you feel negligence was to blame, contact a personal injury attorney from Malman Law today. Schedule your free initial consultation now by calling our offices or requesting more information online.