Tattoo Shoppe Case -- Liability for Wrong

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.

Statement of Facts

The issue under evaluation is where the owner and manager of a tattoo parlor known as Tattoo Shoppe described a scenario that can be regarded as a tale of woe. Lydia Bennett, a customer, arrived at the facility and informed the tattoo artist that she would some Chinese characters tattooed on her lower back. Lydia stated that she would like the Chinese characters for "Liberty, Equality and Fraternity."

The tattoo artist at Tattoo Shoppe took out a Chinese character "cheat sheet" that contains commonly requested symbols. He then showed Lydia some characters in the sheet. Lydia said that the characters were looking great and proceeded to sign Tattoo Shoppe's form contract. She later paid $125 for the tattoo, and the tattoo was performed on her lower back. While picking up a takeaway meal from Chinese restaurant several days later, Lydia learnt from a waiter that the tattoo on her back actually says "stinky tofu." As a result, she became extremely upset and threatened to sue Tattoo Shoppe.

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.