By Jo Anderson. Last Updated 7th December 2023. In this guide on tattoo injury negligence claims, we explain the criteria for when this type of claim could be made. We also discuss the process of how to sue a tattoo artist for negligence that causes you physical harm.
If, for example, you’ve been harmed by an infected tattoo, you could have grounds to claim tattoo injury compensation. We’ll also cover claiming for other forms of tattoo injury negligence, such as incidents involving blood poisoning from a tattoo.
Read on to learn more about tattoo injury claims. If you would like to talk to an advisor and get free legal advice after reading this guide, please call 0800 073 8801. An advisor would be glad to help you start a claim if you’re eligible. You can also reach our advisors online by using our 24/7 live chat service.
Tattoo injury claims guide
Select A Section
- Can I Make A Tattoo Negligence Claim?
- What Is Classed As Tattoo Negligence?
- What Injuries Could You Make A Tattoo Compensation Claim For?
- Could I Claim For Tattoo Removal Accidents?
- Evidence That Can Help You Claim For A Tattoo Injury
- Compensation Payouts In Tattoo Negligence Claims
- No Win No Fee Tattoo Compensation Claim
- Essential References Relating To Tattoo Negligence Claims
Can I Make A Tattoo Negligence Claim?
There are instances where you could be eligible to claim if you have an infected tattoo. However, you would need to demonstrate that negligence occurred. This involves a third party breaching the duty of care they owed you and causing you to sustain harm as a result. For example, you may have developed blood poisoning from a tattoo due to the tattoo artist using unclean equipment.
One of the main reasons a tattoo negligence claim might be possible is if you’ve suffered as a result of negligence. For example, you might be able to claim if you’re injured because the correct procedures aren’t used, safety measures are adhered to or the wrong equipment is used. The types of suffering that could lead to tattoo injury negligence claims include blood poisoning or infections.
Within this guide, we cover all you may need to know when seeking tattoo injury compensation. We’ll cover what could be considered a tattoo artist’s fault, the types of infection you could receive from a tattoo that has not been done properly, and how we could help you make a tattoo negligence claim for compensation.
It’s important to remember that it may not be possible to claim if you simply dislike your tattoo once it has been completed. However, if the tattooist does not take proper care when tattooing you, and you are harmed as a result, you could be eligible to make a personal injury claim.
How Long Do I Have To Make A Tattoo Negligence Claim?
If you are eligible to make a tattoo negligence claim, you will only have a certain amount of time to begin legal proceedings. Under the Limitation Act 1980, you will generally have three years to start your claim.
However, there are some exceptions to this. For example, if the person lacks the mental capacity to make their own claim, the limitation period would pause indefinitely. During the time that it is paused, a litigation friend could make a claim on the person’s behalf. However, if no claim was made, and the person regains their mental capacity, they could then make their own claim, and they would have three years from the date of their recovery to do so.
To see whether you still have enough time to start a claim for tattoo negligence compensation, you can contact one of our advisors.
What Is Classed As Tattoo Negligence?
If your tattoo artist has not adhered to basic standards for hygiene and good health and safety practices for clients and you suffer some kind of tattoo injury, you could make a tattoo negligence claim. There could be many ways in which you could be injured while getting a tattoo. These could include:
- Injuries that occur within the tattoo parlour such as slips, trips and falls
- Infections from poor hygiene practices; these could cause an abscess that might leave you with a permanent scar
- Allergic reactions to chemicals
- slips, trips and falls
- Other skin conditions
- Excessive bruising
- Allergic reaction
- Excessive bleeding
If you could prove that a tattoo artist was at fault for your tattoo injury, then you may be able to make tattoo injury negligence claims against them.
What Injuries Could You Make A Tattoo Compensation Claim For?
There are various types of injuries you could suffer due to tattoo negligence. Some examples that may lead to tattoo compensation claims include:
- General infections from unhygienic practices in the tattoo parlour
- Hepatitis from unclean needles, or needles being reused on other people
- Bruising from too much pressure on the area due to the tattooist not being properly qualified.
- Scarring from infections, or because the tattooist has not taken care when giving you the tattoo. This can also result from you not being given adequate aftercare advice.
If you have suffered an injury from a tattoo and would like to know whether you could be eligible to make a personal injury claim, please contact one of our advisors today for a free case check.
Could I Claim For Tattoo Removal Accidents?
If you are looking to have a tattoo removed, you may visit the parlour that you had it done at if they offer tattoo removal, or you may decide to go somewhere else. Usually, if a tattoo is not covered over and you would like it completely removed, this is usually done by way of a high-intensity beam of light being directed at the area. This works to break down the ink of the tattoo so that it fades and eventually disappears. You would usually be required to attend a few sessions to get your tattoo removed.
If your tattoo removal has left you with scarring that you did not expect, or you have suffered some other reaction, then you might wish to look into whether you could make a personal injury compensation claim for your injuries.
To find out what other accidents could form the basis of tattoo injury negligence claims, please continue reading to the next section.
Evidence That Can Help You Claim For A Tattoo Injury
You’ll need to gather evidence to support your claim in order for it to be eligible for compensation. Whether you suffered a psychological injury due to tattoo scarring, or if you were harmed from blood poisoning from a tattoo, you must provide proof of the tattooist’s negligence and any injuries you have subsequently sustained.
If you don’t have any supporting evidence, you are unlikely to receive personal injury compensation. Therefore, you might be interested in knowing some examples of evidence, such as:
- Witness contact details – if anyone was at the tattoo shop when your tattoo went wrong, you can ask them to later provide a statement to a solicitor confirming what happened.
- CCTV footage – tattoo shops may have CCTV cameras. If they do, you could request the footage of your appointment.
- Photographic evidence – you should take photographs of any injuries caused by a tattoo gone wrong. For example, if a tattoo is infected, there may be visible signs on your skin that you can photograph.
- Medical evidence – request your medical records as they can prove any treatments you have required regarding your injuries.
Following a tattoo scarring injury, you might be wondering whether a solicitor could help you collect evidence. Our expert solicitors share years of experience helping clients successfully settle claims. Get in touch at any time for a free consultation.
Compensation Payouts In Tattoo Negligence Claims
If you can successfully claim compensation for a personal injury, you could receive up to two types of damages. One is general damages, which compensate for the suffering and pain caused by the physical or psychological injuries. This will be assessed according to multiple factors, including the severity of the injury, how long the injury is due to last, and the impact on quality of life. Personal injury claims may also include compensation for special damages, if you are eligible to claim for general damages. Special damages can cover financial losses that can be directly linked to the accident and injuries you’re claiming for.
To help calculate general damages, some solicitors may check the Judicial College Guidelines (JCG). Compensation brackets from the JCG can be found in the table below. The figures shown are not guaranteed when successfully claiming injury compensation.
| Injury | Bracket | Details |
|---|---|---|
| Multiple serious injuries including financial losses. | Up to £100,000+ | A combination of serious injuries that cause significant pain, suffering and financial loss, such as loss of income. |
| Very Severe Scarring (Facial) (a) | £29,780 to £97,330 | The effects would be very disfiguring and usually have a significant psychological effect on a claimant. Claimants in this bracket are typically fairly young, from teenagers to early 30s. |
| Less Severe Scarring (Facial) (b) | £17,960 to £48,420 | Substantial disfigurement with a significant level of psychological harm. |
| Significant Scarring (Facial) (c) | £9,110 to £30,090 | Effects could be reduced by way of plastic surgery, but this would leave some cosmetic disabilities. Psychological reaction may have reduced with time. |
| Less Significant Scarring (Facial) (d) | £3,950 to £13,740 | One scar that could be camouflaged, or several small scars that might affect, but not markedly mar the appearance. |
| Dermatitis and Other Skin Conditions | £13,740 to £19,200 | On both hands. Soreness and cracking would be present and symptoms could have an effect on domestic and working life. The symptoms could last for a long time and may have some psychological effect on the claimant. |
| Dermatitis and Other Skin Conditions | £8,640 to £11,410 | Either one or both hands, continuing for quite some time but use of treatment/gloves etc could help to calm symptoms down. |
| Dermatitis and Other Skin Conditions | £1,710 to £3,950 | On one or both hands, recovery within a few weeks. |
| Psychological injury (c) | £5,860 to £19,070 | Moderate – marked improvement by the time of trial along with a good prognosis. |
| Scarring elsewhere on the body | £2,370 to £7,830 | One single scar that is noticeable, or several scars that are superficial to the hands, arms or legs. These would leave some minor cosmetic effects. |
What Else Can You Receive As Part Of A Tattoo Compensation Claim?
Successful tattoo compensation claims could also result in special damages. This head of claim compensates you for the financial costs and losses caused by your injuries. The types of costs and losses that could be associated with an injury from a tattoo could include:
- Medical costs – from treating an infection. You may need to pay for prescription medicines or for corrective treatment.
- Travel costs – from getting to medical appointments, or to meet with your solicitor.
- Loss of income – if you have suffered injuries that have required you to take time off work. You might have lost out on income while recovering from your infection, or other tattoo injuries.
You will, of course, need to provide evidence of any costs or losses you’re claiming for. This could include invoices and bank statements.
To learn more about the evidence that could support a tattoo negligence claim, please contact an advisor.
No Win No Fee Tattoo Compensation Claim
Making tattoo injury negligence claims would not necessitate you paying out for legal representation upfront. If you choose to go ahead with a No Win No Fee personal injury solicitor, they would simply ask you to sign an agreement that you would pay them a success fee from your eventual payout. This success fee, as detailed in the Conditional Fee Agreement, would be covered by just a small and legally-capped percentage of your settlement. If the lawyer in question didn’t secure you a compensation payout for your tattoo injury claim, you would not be required to pay them the success fee for a valid claim.
A guide to tattoo injury negligence claims
If you have questions about how this all works or would like to know why some solicitors might ask you to take out an insurance policy to cover legal fees in the event of an unsuccessful claim, we’ll be happy to explain.
All you need to do is call us, and we’ll be happy to give you more information on tattoo injury negligence claims or chat about your case to get your claim started today.
Are you ready to begin a claim for compensation for a tattoo injury? If so, then there are various ways to get in touch with us:
- You can call our helpline on 0800 073 8801
- Email office@accidentclaims.co.uk
- Use our 24/7 live chat or call-back form
Essential References Relating To Tattoo Negligence Claims
Licencing Information For Tattoo Artists – Here, you can see what is required when applying for a licence.
Information About Blood Borne Viruses – The HSE has produced some information about this subject.
Guidance On Tattooing – HSE – This publication covers COSHH guidance for tattooists.
Broken Chair Accident Claims? – Were you injured on a broken chair at a tattoo shop? If so, this broken chair claims guide could offer some assistance.
Have you been injured while undergoing beauty treatment? – This guide covers claiming for injuries sustained while undergoing a beauty treatment such as skin treatments and waxing.
Accident At Work Claims – Were you injured while working at a tattoo parlour? If so, this guide could help.
Personal Injury Loss Of Earnings Calculator – Learn more about receiving compensation for recent and future loss of earnings while making a personal injury claim.
Thank you for reading our guide on tattoo injury negligence claims. Now, hopefully you know that if you have an infected tattoo and sue, we could help you get the compensation you deserve.