According to the Official United States Tattoo Statistics, people in the United States spend $1.65 billion annually on tattoos. In 2015, 45 million people had at least one tattoo (14 percent of the U.S. population). The reasons for getting "inked" range from wanting to be rebellious to wanting to feel sexy. Most don't regret this decision afterwards; however, some do. Infections, allergic reactions and down right bad tattoos are the most frequent complaints of unsatisfied customers. So can you sue because of your tattoo?
Assumption of Risk
In the state of Kansas, prior to getting your tattoo, you generally sign a waiver. Signing the waiver means that you understand and accept the risks associated with the service. Often this document removes the shop and the artist from liability for development of certain diseases and/or related physical issues (ex. HIV). Ordinarily, it does not address blisters, burns or infections caused by machinery or ink. The risks assumed are typically minimal when you choose a reputable and licensed artist/shop that has sterile working conditions.
Standard of Care
You are owed a duty when you are a tattoo patron. In this field, the artist and/or shop must provide you with a standard of care that would be reasonably expected of a person practicing in this field. Although you may have signed a waiver releasing them of certain liability, in most instances you cannot waive the negligence of another, in advance. If the tattoo artist/shop acted negligently (ex. did not use proper sterilization of equipment) and thereby cause you injury, you may be able to seek compensation for your injury.
Five Quick Tips
If you do suffer injury, because of negligence, it is possible that you may have a claim against both the artists and the shop. Here are five quick tips for suing because of your tattoo:
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