Compensation for deficient tattoo

Woman sued tattoo artists for damages

04/29/2014

Odd lines, running colors or unclearly stained motifs: Due to mistakes and misadventures while tattooing arises again and again dispute between the „Artists“ and the customer. But even if a certain risk should be taken into account, victims must not accept such a misstep in any case, but can oblige the tattoo artist to pay pain compensation.

Customers do not have to accept dirty work
If you let yourself be tattooed, you have to take into account the risk that something can go wrong and the motive might not end up like it had before. However, if a mistake occurs as a result of poor work of the tattoo artist, customers may not necessarily accept this - instead, in some cases, there is a right to compensation and compensation. As in the case of a woman from Recklinghausen, who had sued a tattoo artist from Oer-Erkenschwick for compensation, after the motive had not met the original design. After this, the client's husband had tattooed a colored flower with tendrils on his right shoulder blade, but sometimes stinged the paint in too deep skin layers. The result was frightening for the woman, because instead of a filigree flower now showed tilting, irregular lines and running colors.

The injured party rejects the remedy offer
In order to remedy his mistake, the tattoo artist finally offered his customer a rework, but this refused, because after the botched no confidence in the abilities of the man had. Instead, she sued him for damages and compensation and was right before the Hammer Higher Regional Court. The application of the woman was already granted in the first instance in full - but the tattoo artist had initially appealed, but now withdrawn, since he apparently no longer saw any chance of success. Even the offered reworking was no reason for the judges to spare the man - because in view of the lack of work, the lost confidence in the abilities of the man is comprehensible: „Since it involves work that is tolerated with physical pain, and that - poorly executed - can cause health problems, the trust of the customer in the performance of the tattoo artist is of particular importance“, so the decision of the 12th Civil Senate of the Higher Regional Court Hamm.

750 euros in compensation and costs for laser treatment
For the injured party, this now means a compensation in the amount of 750 euros and the replacement of further damage that could result from the removal of the tattoo, because in the opinion of the judges an improper execution of the tattoo is a personal injury, which is not based on the consent of the The applicant is based. Instead, the defendant made a tattoo that did not agree with a technically and artistically flawless tattoo based on the previously approved design. Accordingly, the woman now has the right to a laser treatment to remove the image, the defendant has to pay both for treatment costs and for additional compensation.

Henna tattoo as an alternative body painting
Accordingly, a tattoo can be an unpleasant ending and also carries health risks such as infections due to lack of hygiene or allergic reactions to the colors used. But even those who shun these risks or not the same forever and forever his body „decorate“ want to have, has some alternatives to choose from. The best known and oldest is the so-called „Henna tattoo“, which is applied by means of a color of powdered and dried leaves of henna plant using a small brush or stylus on the skin. Since it's not like one „real“ Tattoo is stung with needles in the skin, the survival time - depending on body location and washing frequency - the painting between a few days and a few weeks. (No)