If a customer’s needle had not been sterilized, then the tattooed customer could get sick. What action could that sick individual take?
Businesses can be held accountable for causing unintentional harm.
Any customer that has been harmed must show evidence of breach of duty by the business that has carried out some type of harmful action. Personal Injury Lawyer in Ottawa knows that the proof of breach of duty would allow the customer to base a lawsuit on a show of negligence by the target of the lawsuit.
All businesses are expected to deliver a good standard of care. Consequently, if a tattoo artist had failed to deliver a good standard of care, then he or she could be sued for negligence.
How could customers assess the standard of care at a shop that offered the services of a tattoo artist?
Learn whether or not the same shop asks customers about their medical history, including their allergies. The absence of such questions would count as an example of negligence.
Learn whether or not a shop-of-interest makes a point of asking the age of each person that arrives, and hopes to leave with a tattooed patch of skin. No one under the age of 18 should be able to use the services of an artist that specializes in tattoos.
Check for the display of a health and safety certificate. The absence of such a certificate should be viewed as a “red flag.”
Listen for assurances that the shop’s artist would be using new and sterile needles. Every customer would have a right to expect an announcement about the shop’s utilization of clean and sterile practices.
Observe the artist’s actions, while performing his or her skill. Are the hands washed well? Are gloves placed on the washed hands? Is it obvious that a new and sterile needle gets used for each customer?
How would an assessment of those features work to supplement or contradict any claims about a proper standard of care?
Usually, customers must sign a waiver, before having someone use ink to put a permanent design on some part of their body. Their signature on that waiver means that the customer has acknowledged the known risks. Yet those risks would get heightened, in any shops that did not deliver an acceptable level of care.
Someone defending a shop and artist might point to the fact that the plaintiff (customer) had signed a waiver. However, that fact would not qualify as a good defense, if the customer’s logical expectations had not been met.
In other words, someone could sue a shop and artist if their services did not come with actions that showcased performance of acceptable practices. So, there are times when a customer can sue a tattoo parlor.