Most tattoo artists in the UK are not only highly talented but also take a great deal of care in their work. A good tattooist understands the risks involved with tattooing and will take all necessary precautions to ensure their customers are safe. However, despite their best efforts, unfortunately, sometimes things can and do go wrong.
Importantly, if you’ve suffered an injury whilst having a tattoo, or during a tattoo removal procedure and believe negligence was the cause, you may be eligible to make a tattoo compensation claim.
If you have made the decision to file a claim for damages due to negligence at a tattoo studio, please contact our team by calling 0800 6524 881. If you require more information before proceeding, please continue reading.
Table of contents
- Am I Eligible To Make A Tattoo Compensation Claim?
- Regulations Governing The Tattooing Industry
- Common Causes Of Tattoo Injuries
- Common Injuries & Complications Caused By Tattoos
- How Much Compensation For A Tattoo Injury Or Infection Could I Claim?
- Time Limits For Claiming Tattoo Injury Compensation
- Evidence To Support A Tattoo Compensation Claim
- Starting The Tattoo Compensation Claims Process
Whether you’re eligible to claim compensation for a tattoo injury will depend on the circumstances involved. Generally, if your injury was caused by an act of negligence by your tattooist such as using unhygienic practices during your procedure, you may well have a case.
Before a personal injury solicitor takes a claim on they’ll first try to verify that:
- The tattooist failed in their duty of care to keep you safe; because
- Their actions were negligent; and
- That negligence then caused you to suffer an injury.
If the above points are true in your case, please contact our advisors to see if we could help you make a tattoo compensation claim.
Under the Local Government (Miscellaneous Provisions) Act 1982, local authorities are responsible for regulating tattoo businesses.
Although specific regulations may vary with each local council, in general, tattoo parlours have to meet certain criteria to operate lawfully, including:
- Registration – Businesses wanting to provide tattooing must register their premises with the local council and obtain a license.
- Health and safety – Tattoo parlours should be hygienic and safe for both customers and staff in accordance with the Health and Safety at Work etc Act 1974.
- Infection control and hygiene – To prevent the spread of infections and diseases, tattoo parlours are required to adhere to hygiene and infection control regulations.
- Qualifications – Tattoo artists are required to have a certain level of skill and knowledge for them to perform tattoos safely. In some areas, local councils may insist tattooists have either completed specific training programs or have certain qualifications.
- Insurance – Tattoo parlours are required to have the appropriate liability insurance to provide cover in case of any accidents or injuries happening whilst performing a tattoo or tattoo removal.
If you’ve suffered an injury or infection from having a tattoo and believe the tattooist is responsible, please call us to discuss your eligibility to claim compensation.
There are various causes of tattoo injuries that could lead to a compensation claim, some examples being:
- Inadequate sterilisation. The tattoo artist did not use a new needle and the reused needle was not properly sterilised.
- Incorrect needle technique. Uneven lines, scarring and other potential issues can be caused by a tattooist using the wrong type of needle or the incorrect technique.
- Allergic reactions. The tattoo salon did not take care to review your medical history to determine your risk of having an allergic reaction.
- Using ink that’s expired or contaminated. This could potentially lead to infections, allergic reactions and other complications.
- Poor aftercare. Inadequate aftercare instructions given which may lead to scarring, infections, or other complications.
- Lack of sufficient training. Poor quality tattoos and injuries can occur if the tattooist is not trained to a sufficient level.
- Overusing the tattoo gun. This can cause burn injuries, blisters and scabbing.
- Not using the correct equipment. If the proper equipment is not used, it could increase the risk of infections and other possible complications.
It’s important to know that not all injuries sustained in a tattoo parlour will be due to negligence. However, a licensed tattooist should have the relevant health and safety procedures in place to minimise the risk of injuries and infections to clients. In cases where they’ve failed to do this, and a client or staff have suffered physically and/or psychologically as a result, they may be liable to pay them compensation.
A number of injuries can occur in tattoo shops for which a compensation claim may be viable. Some of the most common injuries include:
- Misaligned or unintended tattoos.
- Using too much ink or over-saturating the tattoo.
- Discolouration of skin or loss of skin pigmentation.
- Psychological injuries.
Although not all these issues would be due to the negligence of a tattooist, we’d still advise that you contact a personal injury solicitor for free advice on your options.
Any compensation settlement for injuries and/or infection from a tattoo procedure will usually be based on general and special damages. These damages include factors such as:
- The severity of your tattoo injury/infection and the level of pain and suffering you have experienced from it.
- Any medical costs related to the tattoo injury that you have had to pay.
- Any travel costs you have incurred because of your injury such as travel to medical appointments for example.
- Any resultant or predicted income losses.
If one of our personal injury solicitors pursues your claim for you, you can rest assured that they will include all factors relevant to your tattoo injury.
In accordance with the Limitation Act 1980 for personal injuries, you have 3 years to start your claim. The 3 years may start from either:
- The date that the incident happened; or
- The date that the injury/infection was diagnosed.
For a tattoo injury claim, your time limit may start from when you visited the tattoo parlour if your injury was immediately apparent. However, if you suffered an infection or contracted a blood-borne disease, for example, your time limit would most likely begin from the day you were diagnosed as these types of injuries will not have been immediately obvious.
In our experience, starting a tattoo injury claim as soon as possible is best as you and your solicitor should have ample time to gather any necessary evidence and build a strong case against the defendant.
If you file a claim against a tattoo studio, there’s a chance they may deny liability, in which case, you will need to show via evidence that they were to blame. The types of evidence that could support a tattoo compensation claim include:
- Copy of accident report forms. Any incidents involving injuries or infections at a tattoo studio should be documented in their accident book, which you have the right to request a copy of.
- Medical records. Medical records detailing the nature of your injury and treatment required.
- Photographs. Photos of where the injury occurred if it shows what caused the accident, and photographs of the injury you suffered.
- Witness statements. Contact details of anyone who may have witnessed what happened that will back up your version of events.
- Video footage. CCTV footage or similar that caught the incident on camera. Data protection laws allow you to request a copy, but it’s best to act fast as CCTV footage is often deleted quite quickly.
If you’d like us to review the evidence you have in a free consultation, please contact our personal injury solicitors today.
Starting your claim needn’t be difficult. If you’d like us to look at your case for you, you can contact us on 0800 6524 881. An advisor will discuss the circumstances of your injury or infection with you and advise whether or not you have a strong case. If they feel you do have a legitimate reason to claim compensation, they will connect you to one of our personal injury solicitors.
Any claims we take on, are on a No Win No Fee basis. A No Win No Fee claim is a type of legal agreement that allows you to make a tattoo compensation claim without any financial risk. Most personal injury solicitors offer this to clients to help them get compensation for their injuries without worrying about paying any legal fees upfront. Essentially you are only liable to cover the legal expenses if you win the case and compensation is paid. In the event that you lose the case, you are not liable to pay anything.
To get the tattoo compensation claims process started as soon as possible, please call us right away or use our live chat service.