Can Isueatattoo artist for negligence if the did comply with health and safety requirements?

UPDATED: Mar 4, 2012

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Can Isueatattoo artist for negligence if the did comply with health and safety requirements?

I had a negligent tattoo artist destroy my back. As soon as I left the parlor, I immediately went to another parlor to critique me and to see what he had done wrong. They told me he was most definitely unprofessional and negligent with his work. They said that he had not used individually sterile bandages, and taped me with packing tape. They also said that there is a high possibility that he did not even change needles, (which should be done when tattooing a portrait), and also that they had no idea what ointment he had put on my back.

Asked on March 4, 2012 under Personal Injury, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If someone does not comply with health and safety requirements, you can report him or her to the appropriate licensing or code enforcement authorities.

As to suing: failure to abide by regulations can be powerful proof of negligence (carelessness) or other wrongdoing, so this can help you win a lawsuit. However, you may only sue for actual damages, costs, or injuries incurred. So if, for example, you have incurred medical costs in connection with the tatoo, contracted some disease, or suffered disfigurement, disability, etc., then you would have grounds to sue to recover for these costs or injuries. But if you are fortunately enough to have not been damaged, there's nothing to sue for; the law does not, for example, provide compensation merely for having been exposed to a risk, if the risk does not come to pass and injure you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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