I want to sue a tattoo shop, can I? They messed my first tattoo up really bad.?
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Hi, I got a tattoo from the shop called Empire tattoos. I went in with the design, and how I wanted it done. They made me pay first before they would do the tattoo. I did not sign a waiver how ever. It's my first and only tattoo. He did not sterilize the area first, I didn't know until now that needed to be done. He wrote the wrong name for my tattoo, I went in for a RIP Serenity Jade, they put RIP serenity Lade. I was very upset when I saw this. And I asked for the tribal design at the bottom of it not to be colored in black but purple and my skin color. They did black and purple. And parts of the tattoo 24 hours later is fading. The ink is coming out of my skin because they did not do it deep enough, It was a two hour job and I asked for a break like everyone else because it hurt. I begged and pleaded to have a break and for an hour he said I'm almost done suck it up. I paid by credit card also. I'm extremely upset about the job done. The tattoo was supposed to have meaning for my dead niece, who I had raised from a baby. Now it's nothing but a disappointment. I have called the shop but they refuse to fix, reimburse,or even call me back about the tattoo. I just want them to either fix it, pay for removal, or reimburse me. What can I do?
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Answer:
Tattoo shops are buyer beware. Some are fantastic, some are awful. You have to research a place, request to see artist portfolios, and always, always, ALWAYS get a carbon transfer so you see the design on your skin before it is inked. Sounds like you just picked a crappy tattoo parlor, and I'm really not trying to sound like a jerk. At the end of the day, you have the final say and you didn't exercise that right. Please don't join the litigious masses because you didn't do your homework.
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Other answers
Good Lord!!! You did not go to a reputable tattoo artist. Doesn't sound like they were licensed or that they were approved by the Board of Health. You did not sign a legal contract, so they are not bound by anything. But it sounds like you can turn them in if they are not licensed and inspected. You need to go to a professional. An established tattoo shop with people who have had years of tattooing experience. You need to see if this can be fixed or altered into a new design, or get a whole tattoo cover up. Find a good tattoo artist (do your research this time), and have a consultation. luck~
If you didn't sign a release form, you absolutely can and should. Granted, I can't guarentee that you'll win, probably depends a lot on the judge hearing the case. But you should definitely try. Hell, I'd take them down for improper procedure too. While you may not win a personal suit, if you report them, you can get them in trouble for something at least. They're legally required to verify your age by I.D. and have you sign a release form including your drivers license/I.D. card number. If they didn't, you can get them in a whole hell of a lot of trouble Something also tells me that a tattoo shop that operates like this probably isn't sterilizing properly (especially if they didn't even clean the area before the tattoo). I would call the health department and explain that you had a tattoo their and that you believe they aren't taking the appropriate sterilization procedures. Normally I'm not one to suggest taking down people purely for spite. But this honestly sounds like a dangerous shop. These laws exist for a reason, and shops what aren't following them need to be cracked down on.
I do believe that most tattoo shops that are legal have to have their customers sign off on a document that outlines what their responsibilities are. If you get your hands on that document (hoping that there is one) then it should be pretty clear to you whether you can take legal action against the shop or not. If there is no documentation or signing...there may not be much that can be done.
This is why the courts exist and how civilized people seek justice for a poorly done job. Yes, sue them. It'll probably be in Small Claims court, and in most cases, just the letter from the court is enough to get them to fix the problem. At least if they are planning to stay in business - if they're about to call it quits, then getting some recompense may be difficult. Another possibility is to call your credit card issuing bank and start a reversal on the transaction - you'll need to write a short letter to them with your complaint and the tattoo artist will have an opportunity to respond and deny your claims. It will help if you show the bank _some_ kind of evidence that you are in the right - a copy of the order or any artwork mock-up that he did with the name spelled correctly and a photo of your tattoo with the name spelled incorrectly should be enough. You'll need that or similar evidence if you go to Small Claims as well. Good luck!
The big thing is you didn’t sign that paper. That is pretty much the shops get out of jail free card. That alone (not having you sign the waver) is illegal. You used your card to pay so there is your track record showing you paid for a tattoo at that shop. I really hope you get some type of justice it seems that shop is all types of wrong. I hope it doesn’t turn you away from tattoos. There are some amazing shops you just have to do your research beforehand. Good luck!
I would try to work out a solution with the company. Usually a business wants the work they are doing to be of high quality and they want the customer to be satisfied. If that doesn't work, make sure you have proof that what you wanted and what you got are two different things and take them to small cliams court.
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