Can you sue a tattoo artist for infection? (2024)

FAQs

Can you sue a tattoo artist for infection? ›

For example, if you failed to take reasonable steps to avoid infection, such as not keeping the area clean or not following the artist's instructions for care, this could be considered what is known as “comparative negligence.” Under New Jersey law, comparative negligence doesn't necessarily prevent you from recovering ...

If the artist failed to meet the expected standard of care, such as by using unsterilized equipment, practicing poor hygiene, or providing inadequate aftercare instructions, they may be held responsible for the resulting infection and the resulting harm to the client.

Generally, you can sue a tattoo artist or parlor if you have been subjected to injury or unsatisfactory work. The legal ground for what you can truly sue for may vary from case to case, however. For example, an injury or infection is more than likely going to be a solid case in a legal sense.

Tattooing represents an important aggression of the skin that leads to the disruption of the epidermal basem*nt membrane and even cell necrosis [1]. Between 1–5% of those who get a tattoo experience tattoo-related skin infections [4].

An infected tattoo will never heal on its own. In fact, if they are left alone, they will spread and could even cause other health issues, some of which are fatal. This is why treatment is so important.

“Not only is this risky, but it can also ruin the appearance of your new tattoo,” says Dr. Rodney. “The infected skin may not heal correctly, leaving an unsightly scar or an abscess that needs to be drained by a doctor.”

If you notice signs of an infection—such as pain, swelling, open sores, pus, itching, fever, or chills—contact a healthcare provider and the tattoo artist.

Moral Objections: Tattoos That Artists Refuse to do

Additionally, almost every tattoo artist will turn down racist, sexist, hom*ophobic, and otherwise offensive tattoos.

Tattoo artists, like other professionals, owe their clients a duty of care. You can sue a tattoo artist—and the shop where the artist works—over an infection, injury, or unsatisfactory work. Tattoo artists and shops can defend themselves against potential lawsuits by having clients sign a waiver.

If you don't want to use the same tattooist, that discussion will need to be had with tattoo shop management so that they can rectify the situation. If the issue is clearly due to negligence, you will likely get a refund and be welcomed back for correction at a later date.

Is an infected tattoo an emergency? ›

Call your doctor now or seek immediate medical care if: You lose feeling in the area near the tattoo, or it feels numb or tingly. The skin near the tattoo turns pale or cool. The tattoo starts to bleed, and blood soaks through the bandage.

Tattoos and body piercings provide an opening in the skin that may allow germs to enter your body and cause infections. These infections could cause sepsis. It is for this reason that anyone who receives a tattoo or piercing must take special care to reduce the risk of contracting an infection.

Signs of a tattoo infection may appear across the entire tattoo or only within specific colors. They can include: Bumps on your skin (papules) that sometimes contain pus (pustules). Nodules, bumps on or below your skin that are larger than papules.

Don't use hydrogen peroxide or alcohol, which can slow healing. Gently pat the tattoo dry after you wash it. You may cover the tattoo with a thin layer of an unscented, water-based cream or lotion and a non-stick bandage. Replace the bandage as needed.

Many people experience a slight inflammation, but if symptoms persist, a person should see their doctor. Antibiotic treatment can usually resolve a tattoo related infection. Without treatment, complications of a skin infection, such as a deeper infection, and, rarely, sepsis may occur in some people.

Apply a thin layer of antibiotic ointment such as Bacitracin™ Zinc Oxide ointment, Neosporin™ or Vitamin A&D ointment. After 5 days, substitute a gentle fragrance-free and color-free body lotion. Repeat the above washing/ointment procedure at least 3 times a day for 1–2 weeks.

Many artists will offer some kind of fix, cover-up, or compensation. Most tattoo artists are ethical professionals who want their clients to be satisfied with their work. If you don't get the response you want, talk to the owner of the shop where the artist works.

Tattoo blowouts are not considered a complication of tattooing. Instead, they're a mistake that can happen due to lack of experience, carelessness, or simply a bad day. There are still some things to consider to reduce your risk of a tattoo blowout.

Tattoo scarring can sometimes be the fault of an inexperienced tattoo artist. Tattooing too deeply, applying too much pressure, and making excessive passes over the same spot can lead to noticeable scarring. That's why it's so important to take your time to find an experienced, skilled tattoo artist.

There are so many talented tattoo artists who specialize in cover-up tattoos just waiting for people like you to step into their shops, admit they have a problem they need help with, and begin the renewing process of ridding their bodies of bad ink.