Tattoos have become increasingly popular among people. The same can be said for Californians as well. Although it is illegal to perform a tattoo on anyone under 18 in California, the love for tattoos, especially among young adults, seems to be growing by the day.
Most people prefer tattoos to express their love, beliefs, and passion. But what happens when a tattoo goes wrong? Can you hold a San Jose tattoo artist liable for an injury, infection, or unsatisfactory work? The answer to this question will determine whether you can file a personal injury case.
This is why you should consult an experienced personal injury lawyer in San Jose. They will check on the validity of the case and make sure you get a favorable outcome.
In this blog post, we are going to focus on the legal options you have if you sustain any harm from a tattoo artist.
Common Health Conditions Caused by Tattoo Artists
The following are some of the common harms sustained by tattoo artists:
- Allergic reactions: Tattoos may cause allergic reactions. The tattoo parlor or tattoo artist must inquire about your medical history.
- Blood-borne diseases: When the tattoo drawing device is contaminated with infected blood, there is a huge chance of ending up with transmitted diseases, such as HIV, Tetanus, Hepatitis B, or Hepatitis C.
- Granulomas and Keloids: Granulomas (inflammation around the tattoo) and keloids (raised scars) can occur after getting a tattoo. If these complications result from a tattoo artist’s improper technique or negligence, then you can file a claim against them.
Things to Keep in Mind When Filing a Lawsuit
Waiver or Signed Contract: Most tattoo artists request that you
sign a waiver or contract form before getting a tattoo. When something goes wrong, this form will protect the tattoo artist and tattoo shop from a lawsuit.
If you signed any form, then it would be difficult to file a lawsuit. In this scenario, you need the help of an attorney who can prove the negligence of the tattoo artist. So you can recover some compensation from the tattoo artist.
Proving Negligence: Before filing a case, you should prove the negligence of the tattoo artist. It is important to prove the damages you have sustained due to the tattoo artist.
You must preserve medical records that provide information about your condition. By using these medical records, your lawyer will build a strong case for you in court. They can prove the negligence that caused your injuries.
Comparative/Contributory Negligence: As California is a pure comparative negligence state, it’d be wise to gather sufficient evidence before pursuing the tattoo artist/parlor legally. According to pure comparative negligence rules, the victim can recover damages regardless of their level of involvement in the incident that caused their injuries.
Implied Assumption of Risk
Getting a tattoo comes with inherent risks. The tattoo artist and tattoo shop may argue that you implicitly accept this potential danger.
They will use this defense to deny liability. Based on the circumstances of your case, your lawyer will help you overcome this defense.
Final Thoughts
The first thing you should do is discuss with your tattoo artist the injuries you sustained. Some tattoo artists will rectify any issue with the tattoo.
But there are others who completely ignore the plight of the victims. If your tattoo artist is one of them, then you should file a case against them.
Whatever the case may be, it is important to seek the services of an experienced lawyer. They will offer the legal assistance required to prove the tattoo artists’ negligence and get you the compensation you deserve.