Liability for wrong tattoo in Tattoo Shoppe case

Tattoo Shoppe Case -- Liability for Wrong Tattoo

Questions Presented

Is Tattoo Shoppe liable for the wrong tattoo performed by its owner on Lydia's lower back? If yes, how much money is the tattoo parlor liable for and how can such liability be prevented in the future?

Short Answer

Even though liability for tattoos that go wrong varies across the state, the tattoo artist is primarily liable while the tattoo parlor has only a small portion of the liability. According to the law, any individual who performs any service should conduct it with reasonable skill and care. Therefore, if the tattoo parlor makes a wrong tattoo or messes one up, he/she is in violation of his/her contract with the client. Tattoo Shoppe will be liable for physical or financial compensation for the cost of the tattoo and any other damages.

Discussion

According to consumer law, any service provider who carries out a service is required to do so with reasonable care and skill. The service is performed through a contract established between the service provider and the client. As part of their requirements for licensing, tattoo parlors function under strict health and safety requirements including undergoing a list of clinical questions before starting their work. The health and safety standards ensure that the client is protected from any risk of infections or health hazards.

The liability concerns for making a mess of a tattoo varies across states though most tattoo shops would only have a minimal portion of the liability while the tattoo artist is primarily liable for such incidents. The liability concern or issue involved in Tattoo Shoppe's case is the design and wordings that went wrong. Therefore, Lydia can file a lawsuit against Tattoo Shoppe on the basis of Tattoo injury compensation claims.

In her lawsuit, Lydia would basically seek to establish negligence on the part of the tattoo artist that resulted in tattooing of wrong statement. However, this would be a difficult process because she will be required to demonstrate that the tattoo artist was negligent and she suffered injury or harm because of the artist's negligence. This process would even require her to produce the picture of the artwork she requested and an agreement that the artist would follow the artwork. Through proving the negligence claims, the tattooist would be liable for breaching his/her contract with Lydia and making a mess of the tattoo. While Lydia is liable for claim compensation, it's relatively difficult to establish a reasonable figure for the compensation.

There is likelihood of recovery through striking a new agreement for any ideas regarding how to put it right. This would be a good recovery method since some tattoo artists may be very creative enough to somehow transform the design. The challenge with this recovery means is that the customer, Lydia would have to put her faith in someone who has already disappointed her. Alternatively, Lydia could find another tattoo artist who could correct the problem but at the expense of the original tattooist.

Tattoo Shoppe is liable for making a mess of the tattoo because the tattooist did not act based on reasonable skill and care and breached the contract of tattooing Chinese characters 'Liberty, Equality and Fraternity' on Lydia's lower back. The shop will not only been liable for financial compensation of $125 but also liable for any additional costs Lydia may incur in attempts to correct the problem. In order to prevent any liability in the future, Tattoo Shoppe should ensure that its artists act based on reasonable skill and care and carry out their activities based on the provisions of consumer law.

Conclusion:

Tattoo Shoppe case is an example of a legal issue that presents concerns regarding the violation of consumer law and the failure of a service provider to comply with the requirements of the contract. As a result, the shop is liable for financial compensation of the client and any additional costs that may be incurred in correcting the tattoo. This liability can be prevented in the future through acting based on consumer law and with reasonable skill and care.