I need help with specifics of tattoo laws and how to sue a tattoo shop.?

Question

It's complicated BUT I got a tattoo I didn't like over a year ago and then last november I decided to go get it covered. I didn't know anything about tattooing so I just went to the first shop someone recommended and the people at that shop convinced me of how good they were so I put a deposit for an appointment. They told me it would be 3 treatments TOPS with the last being minor touchups (ps the tattoo is on my foot) and they said it would cost 250. I didn't have that in writing though. They never took my ID or asked how old I was (I am of age but how do they know?- people tell me I look young) they also never had me sign anything including any sort of legal waiver or buyer beware or anything. So after the third session I asked why it was looked so flat and faded and it did not look realistic like I asked and they assured me that if I came back one more time they would add dimension and the color would pop. Well, I ended up going a total of six times and my tattoo is still so faded that it looks about 25 years old and they never did anything new to make it look better because every time I came in they just had to redo the old stuff because of the fading. I never had color done before so I didn't really know it was so unusual and they kept telling me not to worry but finally when I started getting huge plasma scabs I did some research and went to all the most reputable shops in town I got over 13 artists opinions and they all said the same thing without prompting- that it was terrible work and the ink was very cheap (hence the quick fading). I was also informed of the reputation that shop has around town. Again everyone said the same thing- the owners are charming and lie to you and make their own products that are cheap to make you keep coming back. Also that they are very mean and do horrible work and really bad cover ups (now I wish I had known to check out places before getting the tattoo- I feel foolish for that). Plus now I had a lot of scar tissue on my foot from all the treatments. So I went to talk to the artist and I calmly asked why my tattoo was looking this way and what their plan was to finish/fix it up. They said they were done- which it looks NO WHERE NEAR done. That moment the "owner" came out and started explaining (acting very pissed off) that it was not done and for coverups they need to slowly work in black over many many appointments until it looks done(why are they saying two totally opposite things?) and then I mentioned my second opinions. That moment he FLIPPED out and yelled at me for insulting the artist by getting another opinion and threatened my mother for trying to calm him down. He made personal attacks and there was a crowd watching- the artist was embarassed and when I asked for help they said NOTHING to defend me from the attack. So I left with an unfinished horrible product that I can't get finished because I feel afraid to go back. I have done everything I can think of but laws about this are tricky and noone really knows. I called the police dept. for advice, the BBB, and lawyers. I filed a small claims case and found out that the owner is actually the person who tattooed me and the shop is set up as a franchise so I can't sue the shop itself but only the owner of the individual shop-which I did. I had no idea how much to ask for so I filed for a little over the amount I actually paid which was more like 500. But really with no reasoning behind the amount I asked. So I have spoken with a friend who is in law school and says I should file for the full amount I paid and the cost of laser removal. So I guess I will have to refile or amend? Randomly my sister was getting a tattoo the other day and I went and spoke to the artist there and he happened to work for that shop 10 years ago when he first started and they yelled at him too and scared him. He said the shop threatens a lot of other tattoo artists and that even though they have been around for 20 years they scare people from filing against them although I have heard they have been sued a lot. I was told they aren't very sanity and are running a lot of scam type things that are hard to prove but just always trying to make money. I need to know how I can prove the tattoo is a bad tattoo-i mean anyone looking at it can see it looks horrible but I know they will say it was a cover up and too bad. Can I prove it somehow because other artists all know it is poor work. Also how can I collect money if I win if it's not a business- I heard it's hard if you don't know where they bank? I need advice on the whole thing! Anything helps please. Should I try to get vice to investigate? Also what about the sanitary worries- how can I look into that? My case is coming up soon and I want to stop this place from ruining more peoples bodies and scaring them and taking their money. It's scary this exists. I know I made mistakes but it doesn't excuse what th

Update:

Okay to whoever that Ranger person is that commented- you really should have read this before jumping in with a response or maybe you watch too much law and order. Small claims courts DO NOT have jury's first off, normally neither party is represented by a lawyer. It is a very informal proceeding where the judge makes the sole decision- there is no conspiracy about a jury stacked against me, I mean come on. I also want to say, even though it's almost irrelevant because this wouldn't happen but if I were in a regular civil court and pursuing this a defense lawyer can't pick and choose their jury or every criminal would walk free and it would always go to the defense. I would have a say as the plaintiff if there was an issue with a juror.

There will be no lawyers so forget that problem- if they were smart enough to come up with some defense for themselves that I 'wanted to disfigure my body because I'm basically a criminal' it would never fly. Like I said READ what I wrote before yo

Anonymous · Accepted Answer

If the tattoo predator defaced your body, you can take the tattoo parlor and the predator who abused you to court and use your settlement money to remove those tattoos you no longer want.   But why are you referring to "tattoo artists"?  There is no such thing. The  bodies of men are not canvases and their abusers are not artists. These abusers  are predators who want to take your money by harming you.   Most of their so called "art" is little better than comic book drawings. Learn about Stockholm Syndrome (a paradoxical psychological phenomenon wherein victims have positive feelings towards their abusers).  Tattoo predators are similar to drug dealers in that they receive money and make their living by hurting others, (although the people they hurt think they are being helped by their abuser, and so the parallel to Stockholm Syndrome.) Open your eyes and don’t be a willing victim! The tattoo industry is full of abuse and negligence. Stories like your are very common.  Tattoo removal is at an all time high. Tattoo lawsuits are soaring due to the nature of this demeaning industry and the harm caused by these abusers to young people who mistakenly trust them.  You can sue these tattoo predators in court, and make them pay for what they have done to you! Do not go back to the “tattoo parlor” where you were abused and expect them to treat you better this time.  Give up on tattoos.  Learn from your experience.  Tell others and warn them about what happened to you.  Maybe some good can come from your bad experience.  Never pay money for people to abuse and deface your body.

Stop going to tattoo parlors.  Disassociate from tattooed people.  Clean yourself up and good luck to you.  Please read my poem about the tattoo predator:

Judas Tattoo Predator

Judas Predator, here they come
Walking to crematorium
Tattoo numbers on their skin
Write them in your book of sin.

Judas Predator, dripping blood
Standing on top of pyramid 
Cut their hearts out, beating still
Toss to bottom of the hill

“They pay me to hurt them
They ask me for pain.”
remember that Dr. Death 
Sits in prison just the same

Judas Predator’s life is rotten
Judas Predator’s way will yield
Judas Predator now forgotten
Hanging in a potter’s field.

crazzy_nascar_chick · Answer

I think you might just have a case. However it would be civil, and you probably wouldn't be looking into getting a lawyer. You just file the claim, go to court. Make sure you have pictures of before and after the cover up (or at least after), inform the judge that you never singed a waiver. And try your very hardest to get at least one (though several would be better) very good, highly respected tattoo artists to testify for you.

Ask for every penny you spent on that shitty tattoo back, plus a bit extra (I'd say $500 at least) for permanent disfiguring. Considering tattoos are extremely hard to get rid of, and especially in the case of shotty work, doesn't always work,  Plus now you're permanently scarred, which will make any further attempts to fix the bad work a lot harder, maybe even impossible. And you could even try to throw in a bit more for defamation of character if you can get a witness to what happened in the shop. Remember, since you never signed a waiver, and the work is obviously very bad, there's no reason you shouldn't get at least what you payed for the tattoo back, even if you can't get the extra cash for what you suffered.

I'm sorry you had to find out about bad artists this way : / And remember, just because you didn't do your research, doesn't give these people a right to take you for a ride. We have laws against that in the U.S.

EDIT: Sorry, I guess I didn't answer your entire question. How to prove it, in small claims court, usually the testimony of an expert is enough to get you a win. You might really need an expert to testify to that it doesn't take a ton of sessions to do a simple cover up. It's not like criminal court where it has to be undeniable proof, reasonable evidence is enough. Plus, if the tatt is really that bad, and the judge has eyes, it shouldn't be a problem.

As for the sanitation issue, definitely get yourself checked out. And file an anonymous report with the health department. That's really all you can do. You can't sue them for something like that, unless you pick up something.

And collecting the money, if the court orders it, they have to pay up, or they can face further legal action, and may even have shop profits garnished.

Anonymous · Answer

Unless she did something extremely negligent, like if she hadn't sterilized properly and you got Hepatitis or something from it, or she pierced an area that you did not consent for, there's nothing you can do. Remember that form you signed before the piercing? That was not only a consent form, but a release of liability as well. Unless she did something that is commonly accepted as dangerous, or breached that contract, I'm sorry but you've got nothing. If she's working in a shop, I doubt that she's not licensed if the area requires it (some do not). All in all, you had an unfortunate experience. But don't you think at least part of the responsibility falls on you? It's your responsibility as the consumer to be sure that the piercer who you hire is qualified to do the job. You should always look at portfolios, ask what kind of training/certification s/he's had. How they sterilize, stuff like that. I'd chalk it up to a mistake. Take the jewelry out, let your piercing heal. And get it done by another piercer, on that you're confident is skilled.

? · Answer

I think I sussed it at the bit where you said, “I didn't know anything about tattooing so I just went to the first shop someone recommended”

You’d need to have a chat with a legal representative to see what the situation is.

Ranger · Answer

Want to know how an attorney representing them will act. First he will pack the jury with middle age and older people that think only criminals have tattoos, then he will make a case that you wanted to disfigure your body and the people did what you wanted. Now you have changed your mind and are trying to make them pay you money for doing what you wanted.

Sorry, but this law suit is dead before it even gets filed.

? · Answer

Wait... So so you want to sue for the bad job done to cover up your old tattoo you didn't like, or for the verbal assault?

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I need help with specifics of tattoo laws and how to sue a tattoo shop.?

6 Answers