Piercing Gone Wrong...

by Kim
(Tampa, FL)

I got a dermal piercing done at a tattoo shop and it has fallen out twice. The first time I put it back in and went the next day to ask if it was healing properly. The piercer said yes, it looked fine.

Three days later it fell out again so I went back to the place. The guy said the problem was my fault and then pretty much said I was dirty and dumb. I then got defensive and said I wanted a refund. He said no then pushed the rolling chair I was in.

The piercing was done wrong and in the process he tried to put it back in and made a big hole in my skin, now it's bleeding and infected. Is there anything I can do?

Visitor Question:
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ANSWER for "Piercing Gone Wrong...":

Kim (Tampa, FL):

Yes. Clean your wound and disinfect it. If the infection isn't under control go to your nearest hospital's emergency room or local medical clinic.

If the hole you are speaking of is an additional one you didn't request, you may have a personal injury case against the owner of the piercing shop. If the hole you are speaking of is the same hole the piercer originally made at your request, then there isn't a whole lot you can do about it.

You can't sue someone just because they were rude and unprofessional. If the hole you are speaking of is the original one you paid for and you are convinced the piercer caused the infection you might have the foundation for a small injury lawsuit. It would probably be in small claims court.

You see to prevail in a legal action you have to be able to prove the infection was caused solely by the piercer. That means you would have to also prove you didn't in any way contribute to the infection. That will be hard to do.

Next you have to prove the value of your damages. If your infection required an emergency room or medical clinic visit you may be able to get those bills paid. In that case you might even be able to convince the judge to award you extra money for your "pain and suffering". But unless the infection is severe you won't have much of a case.

Take photographs of the infection. Wait a few days. If you chose not to seek medical attention and the infection heals within those few days, then you should probably consider forgetting about the incident and moving on.

On the other hand if the hole and infection you are talking about are a result of a new, and unwanted piercing you may have a much stronger case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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