Can You Sue for Bad Tattoos and Piercings Gone Wrong?

How to file an injury claim with a negligent tattoo parlor’s insurance company. Don’t settle for less if you’ve suffered from a botched tattoo or piercing.

Nearly one in four Americans sport a tattoo, and among Millennials, that proportion rises to half. The tattoo and body piercing industry earns two billion dollars annually, with continued growth expected for many years to come.¹

Millennials also lead the way in body piercings, with almost one in four having a piercing somewhere other than an earlobe.²

Along with the increase in tattoo parlors is a corresponding increase in infections and injuries.

If you were injured by a negligent tattoo shop, you have the right to expect fair compensation for your injuries, pain, and emotional distress.

Most tattoo businesses carry liability insurance to protect themselves from personal injury claims. Here’s what you need to know to build a successful injury claim when a tattoo or body piercing goes wrong.

When the Tattoo Parlor is Liable

When is a bad tattoo not the fault of the tattoo parlor? When it’s a matter of taste.

If you walked out of the shop happy, and your new tattoo healed up nicely, you can’t blame the tattoo parlor if you start hating the design. Or if your parents flipped out when they saw it, or you don’t want your new lover to see your ex’s name on your arm.

Infection or other injuries related to a recent body modification can be a legitimate reason to seek compensation from the tattoo shop’s insurance company. In some cases, a misspelling of your tattoo might be grounds for a negligence claim.

The insurance company won’t automatically accept your injury claim and pay a fair settlement. It’s up to you to show:

  1. The tattoo shop owed you a duty of care
  2. The tattoo shop was negligent
  3. The shop’s negligence caused your injuries
  4. You didn’t do anything to cause your injuries
  5. Your injuries are medically confirmed

7 Considerations Before Getting a Tattoo

We’re not talking about design here. Think about your health and safety before getting a tattoo or body piercing.

Your friend may tell you she got her tattoo at Joe’s Ink on 37th street, and that Joe is the best tattooist in the world and half the price of other tattoo studios. That’s fine, but taking your friend’s word for it could be a decision you’ll soon regret. The saying goes, “Good tattoos aren’t cheap, and cheap tattoos aren’t good.

1. Business Licensing

Be sure the shop is a legitimate, registered business in your state.

2. Safety Certification

The tattoo artist should have completed safety courses on blood-borne pathogens (like AIDS and Hepatitis).

3. Alcohol Effects

Avoid drinking before getting a tattoo or piercing. Alcohol thins your blood and will increase bleeding during the process.

4. Allergies and Immunity

Talk to your tattoo artist before the process starts if you are allergic to hair dyes, cheap jewelry, or other skin irritants. You may be at higher risk of an allergic reaction to colored tattoo dyes.

Immunosuppressed individuals are at higher risk of infection.

5. Expert Advice

When a tattoo artist is reluctant to give you a tattoo, take time to think about it. For example, many reputable artists will refuse to tattoo a young girl’s face or place a first-time tattoo in a highly conspicuous place.

6. Aftercare and Timing

You’re responsible for following the aftercare instructions for a tattoo or piercing to avoid complications. You can’t go swimming or tanning for some time during the healing process, so don’t get tattooed at the beach, or before your Bermuda honeymoon.

7. Regret

The only effective way to remove a tattoo is by cutting it out of the skin, laser removal, or dermabrasion (essentially grinding away the layers of skin). Tattoo removal is expensive, painful, and should only be done by a dermatologist or plastic surgeon.

Tattoo Parlor Injuries and Complications

Faced with a rapidly growing number of young adults getting inked and pierced, and dealing with related infections and injuries, the American Association of Pediatricians (AAP)  has recently issued its first report on Adolescent and Young Adult Tattooing, Piercing, and Scarification.

The AAP report educates medical professionals on the injuries and complications often seen in patients of all ages with recent body modifications.

Complications of tattoos and body piercings include:

  • Local infections: Viral, bacterial, and fungal infections affecting the site
  • Inflammation: Sensitivity to tattoo pigments or body jewelry can lead to swelling, pustules, nodules, and scarring
  • Systemic infections: Infections from blood-borne pathogens such as Hepatitis C, Hepatitis B, and HIV.
  • Hematoma: Blood may collect or clot in the tissue traumatized by piercings

Severe infections are often treatable but may lead to secondary complications like endocarditis (infection of the heart lining and valves), spinal abscesses, gangrene, and amputations.

Causes of body modification injuries:

  • Re-used needles
  • Improper handwashing
  • Equipment not sterilized
  • Tattoo artist or piercing tech failed to wear gloves
  • Tattoo artist or piercing tech failed to discuss the client’s medical history, allergies, or tendency to scar
  • Tattoo artist or piercing tech had a transmittable illness
  • Tattoo artist or piercing tech failed to use sterile procedures
  • Accident with needles or piercing guns during the tattoo process

Damages for tattoo or piercing injuries include medical treatment and surgical repair costs, out-of-pocket medical expenses, lost wages, and pain and suffering.

Tattoo Parlor Slip and Fall Accidents

Just like any other business, the owner of a tattoo parlor has an obligation to provide a safe environment for customers.

The owner may be liable for injuries caused by hazards on the property, such as:

  • Spilled liquids on the floor
  • Cracked or uneven pavement on sidewalks or parking areas
  • Snow and ice
  • Broken or malfunctioning furniture or equipment

Building a Strong Insurance Claim

You will need good evidence to prove the tattoo parlor is responsible for your injuries. Take immediate action and begin to gather evidence as soon as you’re aware of a problem. Redness, swelling, and signs of infection can begin to appear within a few days of your tattoo or piercing.

Contact the Shop Owner

The sooner you contact the tattoo shop owner, the better. For each day that goes by, the shop owner and insurance company are more likely to argue that your injury is unrelated to your tattoo or piercing.

Tell the tattoo parlor’s owner your tattoo or piercing resulted in an injury, and that you did nothing to create or aggravate the injury. Ask for the shop’s insurance company name and contact information.

Seek Medical Attention

If you are having a severe skin reaction, pain, local piercing or tattoo infection, or symptoms of systemic infections like hepatitis, don’t wait to see your doctor. Go to an urgent care center or visit the hospital emergency room. Untreated infections can quickly become life-threatening.

Be sure to tell your medical provider when and where you had a body modification, and the after-care routine you followed. You’ll need your medical records to prove your injuries came from a tattoo or piercing.

Get Photographic Evidence

Take plenty of pictures of the tattoo or piercing. It’s important to have visual proof of infections, swelling, scarring, and other abnormalities. Continue taking pictures throughout medical treatment and recovery.

Gather Important Paperwork

Keep copies of all your medical bills and records, receipts for out-of-pocket expenses, and any paperwork you have from the tattoo parlor. Save copies of all correspondence with the insurance company.

Challenges to Your Injury Claim

After contacting the insurance company, you can expect a response from a claims adjuster within a week or two. The adjuster will discuss the incident with you and will likely ask your permission to record the conversation.

If you agree to give a recorded interview, keep in mind the adjuster will be looking for an excuse to deny your claim. Insurance adjusters are trained to get you to say things they can use against you.

Personal injury lawyers generally advise clients not to give a recorded statement without their lawyer present.

Assumption of risk: The insurance company may argue that you knew what could happen if you got a tattoo or piercing and decided to do it anyway. Their argument would be stronger if you signed a release form or waiver of liability, meaning you agreed in writing not to seek money from the tattoo parlor if there’s a problem.

Contributory or comparative negligence: Your injury claim may be denied or reduced if the insurance company decides you are partially to blame for your injury, or if you did something to make your injury worse.

When an Attorney Will Help You Win

If you’ve fully recovered from minor injuries like a small infection that cleared quickly, or a sprain from a slip-and-fall in the tattoo parlor lobby, you can probably negotiate a fair settlement directly with the insurance company.

Calculate a fair settlement amount by totaling the cost of your medical bills, out-of-pocket expenses, and lost wages. Add one or two times that amount for your pain and suffering.

Put your demand in writing and enclose copies of your bills, receipts, and a lost earnings statement.

You’ll need professional help with claims for severe injuries or complications. Most law firms offer free consultations to injury victims.

Your attorney may be able to settle your claim without filing a tattoo lawsuit. There’s no obligation, and it costs nothing to find out what a skilled attorney can do for you.