Tattoo Negligence: Tattoo Compensation Claims

tattoo negligence
 Tattoo Negligence: Tattoo Compensation Claims
Written by: Charlotte Bradford-Gibbs Updated: In: Personal Injury

Can I Claim Compensation for my bad Tattoo?

Tattoos are becoming more popular, but with that popularity comes the increased chance of tattoo mistakes or infections. This in turn results in an increase in tattoo compensation claims.

Most studios adhere to extremely strict health and safety standards, going to great lengths to prepare a sterile environment to reduce the chance of infection. Unfortunately though, that is not always the case and not everything always goes to plan, and you might end up with a negligent tattoo artist.

Since tattoos are permanent this can be devastating, but did you know that you might actually be able to make a claim for compensation against the artist for a tattoo gone wrong?

If your tattoo has caused you to require medical attention, tattoo removal or laser treatment we can likely help you claim compensation between £2,000 and £17,000. The claim value will depend on a large number of factors, which will be carefully assessed by your dedicated tattoo negligence solicitor.

Has your tattoo caused you to require medical attention, tattoo removal or laser treatment? We can help you claim compensation.

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Please note: we cannot help you if you are looking to make a claim against tattoo artists based outside of the UK. 

Tattoo Negligence - Tattoo Compensation Claims

What is Tattoo Negligence?

We speak of tattoo negligence when a tattoo artist has not taken reasonable steps to prevent infections and other heath problems from incurring as a result of setting the tattoo, if they tattooed an underage child or if they have failed to provide the necessary aftercare.

If you suffered from poor health or serious infection after your tattoo artist was negligent in their care of you, you may be able to claim compensation. Send as much detail as you can about what happened to you and we will be in touch shortly. 

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Examples of Tattoo Negligence

You could be able to claim against your tattoo artist for a range of issues with their work, including:

  • Health problems caused by the tattoo

The main reason you may be able to claim for tattoo negligence is if you suffered health problems as a result of getting your tattoo done. Health issues often include infections and blood poisoning, but other issues could occur.

  • Infections

Infections can be caused during the tattooing process or during the healing period if you don’t follow the correct after care procedures, which your artist needs to explain to you.

A tattoo is essentially an open wound, so if the artist has not detailed to you the correct aftercare or has not taken the necessary hygienic precautions an infection could occur.

Your artist must inform you of aftercare and hygienic precautions, even if you have already got other tattoos done previously – you should always be advised on the healthcare and aftercare regardless.

  • Tattooing of an underage child

The Tattooing of Minors Act 1969 explicitly states that anyone under the age of 18 cannot be tattooed in the UK, even with parental consent.

Reputable tattooists will ensure that their customers provide valid ID such as a driving licence or passport before.

However, in some rare circumstances, a negligent tattooist will forgo checks and tattoo a person under the age of 18.

If you are the parent of a child who has been tattooed, then you may have a very strong tattoo negligence case against the artist.

Please note: we cannot assist you where the claim is for poor workmanship only i.e. spelling mistakes or badly executed work. There must be a physical injury which accompanies the work in order for us to act on your behalf.

When can I make a Tattoo Negligence Claim?

You can make a tattoo negligence claim against your tattoo artist if they did not take reasonable steps to prevent an infection or other health issues from occurring. You can also make a tattoo negligence claim if a tattoo artist tattooed your underaged child or if they failed to provide you with the necessary aftercare causing serious damage to your health.

Get in touch to find out more. 

The Tattoo Process

Communication between you and the artist is crucial during the entirety of the tattooing process, beginning with the initial designing consultation.

It is very important that you are happy with the design before you go ahead and it’s your responsibility to double-check all spelling and detail of the tattoo, because once you have approved the design it becomes much more difficult to make a claim.

The most vital thing to remember before thinking about making a claim is that you need to have strong evidence which cannot be faulted or questioned.

This can for example include photographs of the tattoo as soon as it has been done and a record of photographs documenting any signs of infection or other health issues.

It is also vital that you contact the tattooist who carried out the work to make sure they know you are unhappy, and may be potentially seeking a claim for compensation.

What Are My Options in Addition to Making a Tattoo Compensation Claim?

There are a number of things you can do if you are not happy with the work a tattoo artist has done on you, or if your health has been negatively impacted by the procedure.

Tattoo Laser Removal

One option is to undergo laser removal – which can be extremely painful and expensive – and isn’t always guaranteed to fully remove the tattoo.

Unfortunately, tattoo laser removal can also cause scarring,  this is  likely to be  permanent or will affect the way that you feel about that part of your body.

If the tattoo is poorly executed and the ink is very deep within your skin, the laser treatment is not likely to remove it.

Also, certain skin types do not respond as well to tattoo laser removal as others, and certain colours of ink may be difficult to remove.

Tattoo Cover Ups

Having further work done to disguise the original tattoo is often referred to as a ‘cover up’.

It is very difficult to disguise a  poor tattoo with a new design and the final result may still be not  something that you are pleased with or wanted in the first place.

This situation can be difficult and every cover up job is unique, so it completely depends on whether you can find a tattoo artist who is capable and willing to perform the job.

Like with laser removal, there is no guarantee that the outcome will be a significant improvement.

Furthermore, you will likely have to pay a large cost to have it rectified.

Making a Tattoo Negligence Claim with AWH

Our solicitors can be of aid when dealing with your tattoo negligence claim.

Please note: we cannot assist you where the claim is for poor workmanship only i.e. spelling mistakes or badly executed work. There must be a physical injury which accompanies the work in order for us to act on your behalf.

Use the contact form on the right or call 0800 999 2220 for more information. 

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Frequently Asked Questions

Does my tattoo artist owe me a duty of care?

Like anybody offering professional services to the general public, tattoo artists must comply with the Supply of Goods and Services Act 1982. The contract exists between the customer and the tattoo artist and if poorly designed it can be a breach of contract, therefore entitling the customer to claim.

What should I expect from my tattoo artist?

The tattoo artist should follow health and safety regulations to safely apply tattoos to customers.

Below is a list of what to expect from your tattoo artist:

Medical questionnaire to establish if you suffer from any allergies or health problems
They should display a health and safety certificate
Advice on how to take care of your tattoo after it’s applied
A new sterile needle has to be used on every new customer
The tattoo artist should wear latex gloves

How long after the can I make tattoo compensation claim?

Personal injury claims have a 3-year time limit, which is effective from the date of the incident or the date you suffered as a result of the error.

How long will the claim process be?

It is difficult to put an exact time scale on how long your claim could take.

If you require multiple medical assessments, then your overall claim time could potentially take longer.

With the assistance of our no win, no fee solicitors, we can ensure that the legal side of the process will be as efficient as possible.

What do I pay if I win my tattoo injury claim?

Your solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.