Signing a waiver protects the tattoo parlor from unwarranted lawsuits, but it does not protect them from legitimate lawsuits. Even if you have signed a waiver, there are many situations that may arise which would rightfully warrant a personal injury or negligence lawsuit.
1. Misspelling a Tattoo.
Yes, you might have grounds for suing a tattoo parlor that misspelled a tattoo, especially if you provided a copy of your desired text. You can also sue a tattoo parlor for misspelling your tattoo if the misspelled word is deemed to be common. The tattoo parlor is liable for the actions of their employees.
2. Failure to Communicate Aftercare.
If the tattoo parlor artist or employees failed to inform you of proper follow-up protocols, you might not have known how to care for your tattoo after you left the parlor. Without proper aftercare, the site of your tattoo might allow infection into your tissues or bloodstream. Lacking information, you might have failed to recognize signs of infection. Some infections become serious enough to require hospitalizations and incur high medical costs, loss of work, pain, and suffering. If you have suffered financial loss, injury, disfigurement, pain, or suffering because of an infection related to your tattoo, you may have legal grounds for a personal injury lawsuit.
3. Slips and Falls.
Stairs that don’t meet safety codes, slippery tattoo ink left unattended on a hard floor, or exposed electrical cords may cause injuries to clients. Slips and falls resulting in injury, pain, and loss would be grounds for a personal injury lawsuit, even if you signed a waiver. If your accident was the result of the tattoo parlor’s negligence, and that negligence can be proven, then you have the right to be compensated for your losses.
4. Faulty Tattoo Equipment.
If the tattoo equipment fails to meet safety regulations, or if it fails technically in some way, the client can qualify to receive compensation for resulting injuries and losses. The tattoo parlor is responsible for maintaining their equipment to industry standards.
5. Poor Sanitation.
If a tattoo artist fails to wash their hands properly and wear disposable hand gloves, an infection at the site of the tattoo may result. Similarly, tattoo needles that are not thoroughly sterilized may cause infection. The waiver that you signed does not protect the tattoo parlor from injuries that are the direct result of their own negligence or failure to follow industry safety regulations. If the artist doesn’t follow safety protocols, then the waiver won’t protect them or the tattoo studio from a negligence case.
6. Unfinished Tattoo.
The tattoo artist or business will be in breach of contract if you have paid them for a tattoo that is left unfinished. The tattoo parlor is liable for the actions of its employees.
7. Failure to take a medical history.
The tattoo parlor is responsible for taking a medical history, which includes current medications, current serious illness or disease, and potential allergies. If the tattoo results in complications connected to your current medical condition, and if the technician never asked about your history or allergies, then you might have grounds for a personal injury lawsuit to recoup losses.
8. Failure to ask your age.
It is illegal to tattoo anyone under the age of 18. If the tattoo artist never asked a client’s age, then the tattoo parlor is vulnerable to legal action.
9. Failure to Display Health and Safety Certificates.
Failure to display health and safety certificates alone would not cause personal injury, loss, or suffering. However, if you have an adverse reaction to a tattoo in a parlor in which these certificates are missing, your lawsuit will be strengthened.
10. A Negative Outcome Which is Partially Your Fault.
If you are partially responsible for noncompliance with aftercare protocols, then the amount of compensation for which you qualify might be affected and decreased. However, even if you are partly to blame, a personal injury lawsuit might be necessary to help you collect the partial compensation that is the responsibility of the tattoo parlor for their part of the problem. Personal injury compensation is often split between parties. Even if you are partly to blame, you should not have to bear the entire cost of a resulting infection or medical costs. An experienced accident injury lawyer near you will have the training to help you make a case for sharing culpability between responsible parties.
11. Medical Problems such as Abscesses or Hepatitis.
The tattoo artist should be using new and sterile needles on each client. Abscesses and hepatitis are two of the more common negative outcomes of unsterile tattoo equipment or practices. If the tattoo artist reuses needles and you contract hepatitis, you might have grounds for a lawsuit. The tattoo parlor’s waiver does not absolve them from responsibility when they are at fault for meeting basic safety precautions such as ensuring that only sterile equipment is used during semi-surgical procedures that involve bodily fluids.
Tingey Injury Law Firm has been serving the greater Las Vegas area for over 50 years and has the strength and expertise to get you the full compensation that you deserve. Contact our experienced accident attorneys for a free consultation.