Pain compensation for defective tattoo

Pain compensation for defective tattoo


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Woman sued tattoo artist for damages

Odd lines, running colors or improperly engraved motifs: Due to mistakes and misadventures when tattooing, there are always arguments between the "artist" and the customer. But even if a certain risk should be taken into account, the injured person does not have to accept such a misstep in every case, but can oblige the tattoo artist to pay compensation for pain and suffering.

Customers don't have to put up with unclean work If you get a tattoo, you have to take into account the risk that something can go wrong and the motif may not look as you dreamed of in the end. However, if a mistake arises as a result of the tattooist's poor work, customers do not necessarily have to accept this - instead, in some cases there is a right to compensation and compensation for pain and suffering. Just as in the case of a woman from Recklinghausen who sued a tattoo artist from Oer-Erkenschwick for compensation for pain after the motif did not match the original design. After this, the customer's husband had tattooed a colored flower with tendrils on the right shoulder blade, however, partially cutting the color into layers of skin that were too deep. The result was frightening for the woman, because instead of a filigree flower, there were now canting, irregular lines and running colors.

Injured person rejects repair offer In order to correct his mistake, the tattoo artist finally offered his customer a repair operation, but the customer refused, because after the botch, she no longer had any confidence in the man's abilities. Instead, she sued him for damages and compensation for pain and suffering, and got justice before the Hammer Higher Regional Court. The woman's application had already been granted in full in the first instance - but the tattoo artist initially appealed, but now withdrew it because he no longer saw any prospects of success. The offered rework was also no reason for the judges to spare the man - because given the lack of work, the waning trust in the skills of the man was understandable: "Since it is about work, the tolerance of which is associated with physical pain, and the - poorly executed - health impairments, the trust of the customer in the performance of the tattoo artist is of particular importance, ”said the decision of the 12th civil senate of the Higher Regional Court of Hamm.

750 euros in pain compensation and costs for laser treatment For the injured party, this now means compensation for pain and suffering of 750 euros as well as compensation for further damage that could result from the removal of the tattoo, because according to the judges, improper execution of the tattoo constitutes a problem Bodily harm, which is not based on the consent of the applicant. Instead, the defendant made a tattoo that did not match a technically and creatively flawless tattoo based on the previously confirmed design. Accordingly, the woman now had the right to laser treatment to remove the image, whereby the defendant was responsible for both treatment costs and additional pain and suffering.

Henna tattoo as an alternative body painting A tattoo can therefore come to an unpleasant end and also entails health risks such as infections due to poor hygiene or allergic reactions to the colors used. But even those who shy away from these risks or do not want to “decorate” their bodies forever and forever have several alternatives to choose from. The best known and oldest is the so-called "henna tattoo", which is applied to the skin using a paint made from powdered and dried leaves of the henna plant using a small brush or stylus. Since it is not stuck into the skin like a "real" tattoo with needles, the survival time - depending on the body area and washing frequency - of the painting is between a few days and a few weeks. (No)

Image 1: Christoph Aron (Pixelmaster-X, deep-pixel) / pixelio.de

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