Can I sue for blotched piercing?

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Can I sue for blotched piercing?

I recently went to a tattoo shop, that botched my piercing. They had to re-pierce me twice because the first time he pierced , my tongue, on a severe angle that was incorrect. He then pierced me again this time with a wrong bar suitable for my piercing and caused extreme irritation and and damage. He never made me sign a waiver form nor did he see my ID and document it as is proper for most proffesional shops. Can I sue? And if so what are the steps that I need to take?

Asked on May 8, 2012 under Personal Injury, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the tattoo shop for negligence.  Negligence is the failure to exercise due care (that degree of care in this case that a reasonable tattoo shop would have exercised under the same or similar circumstances to prevent foreseeable harm).  Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be compensation for your medical bills, compensation for pain and suffering which is an amount in addition to your medical bills, and compensation for any documented wage loss. 

Prior to filing the lawsuit, it may be possible to settle the case with the tattoo shop's insurance carrier.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim filed with the tattoo shop's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  If the case is settled with the tattoo shop's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the tattoo shop's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the tattoo shop.  If the case is NOT settled with the tattoo shop's insurance carrier, you will need to file your lawsuit for negligence against the tattoo shop prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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