If you are pursuing an injury case against a tattoo parlor, get ready for a stiff defense. Nobody likes to admit injury liability, tattoo parlors included. Here are three defenses you are likely to face in such a lawsuit:
You Signed a Release Form
Many tattoo parlors have liability waivers that clients have to sign before getting inked. The wording may differ from parlor to parlor, but the waivers generally have the same message. The gist of a typical waiver you are likely to sign is that you aren't supposed to pursue legal action against the parlor if you experience tattoo-related injuries or illnesses.
However, the waiver doesn't absolve the parlor of all injuries; there are cases where you can still hold it liable for your injuries. For example, the parlor will still be responsible for intentional acts of its workers. If you get into an argument with a tattoo artist who then stabs you with a needle, no waiver will save them from the ensuing liability. Also, a waiver written in a tiny font that an average person cannot easily read may not be enforceable too. If you have been injured in a parlor after signing a release form, consult an injury lawyer to see if your injury is an exception to the release you signed.
You Knew What You Were Getting Into
By invoking the assumption of risk defense, the tattoo parlor is alleging that you knew that getting inked carried some risks, but still chose to get a tattoo. It is true that you have no claim if you knew about the dangers and still went ahead to get inked.
The good news is an assumption of risk only applies if you knew about the risks beforehand. For example, the tattoo artist should explain to you the possible risks of getting ink, such as potential allergic reactions. If you choose to get a tattoo, then you have accepted the risk of an allergic reaction, and you may not sue the parlor if you do develop the allergic reactions. However, you may sue the parlor if you did not know about the possible allergic reactions and later experience it.
Also, the assumption of risk only applies to risks that an average person would expect from, in this case, a tattoo parlor. For example, an average person understands that a tattoo can get infected even days after the procedure. However, nobody expects a tattoo parlor to burst into flames while getting inked. Therefore, the assumption of risk principle will not bar you from holding the parlor liable for your injuries if the parlor's negligence leads to a fire outbreak and you end up getting injured.
You Contributed To Your Injuries
Lastly, the parlor may also try to defend itself by claiming that you contributed to your injuries. A good example is if you didn't follow the aftercare instructions given by the tattoo artists. For example, you may be told when to take off the bandage, how to wash the area, which tasks to avoid and similar things. You contribute to your injuries if you don't follow these instructions.
However, contributing to your injuries isn't a guarantee that you don't have a claim. Depending on your state, you may still pursue damages against the parlor, but your eventual damages may be reduced in line with your percentage contribution to the accident. In other states, you may be barred from pursuing a claim if it is proven that you contributed to your injuries.
Share1 June 2016
When you are involved in a messy car accident, things can get complicated fast. In addition to proving who was at fault, you might also have to worry about healing. However, you don't have to endure long phone calls and complicated insurance paperwork on your own. Hiring an attorney is the key to remaining strong during the aftermath of a car accident. As you think about your own situation, try to figure out if you can do things on your own. If you feel like you need a little help, don't be afraid to talk with an attorney. The information on this website should help you to decide how legal counsel can help you.
