Legal Question in Business Law in California

I need some advice on the following situation:

For over 5 months I have been talking with the owners of a tattoo shop. The business is a partnership. I have expressed to them that the artist assigned to work on my piece had failed to provide me with the tattoo/service he, orally, agreed to provide. I then showed the owners of the business a picture of my tattoo and the picture sent to me, via email by the artist, which was to be what my tattoo was supposed to look like. The owners refuse to issue a full refund, nor will they provide compensation to have it removed. Additionally, the artist no longer works at the shop (he was fired during my last tattoo session). I have asked for a full refund, yet I have been denied. Ultimately, I have decided to file for small claims.

The owners of the shop claim that because they contract their artists, they have no liability to the artist�s mistakes. The way they explained it was that they own the building and the artist rents out a space, within the building. Then, they compared it to the way hair-stylists work. Is what they claim true? If so, whose name goes on the form when I file and is there any additional info/evidence I should require?

Thank you for your time.


Asked on 5/23/13, 8:01 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

Guess you need to figure out what your damages are. Generally they are right if the person is truly an independent contractor the business is not vicariously liable. The problem is that you don't know if the person was a true independent contractor. The only way to find out is to have the business show up and testify how the person was a contractor versus employee.. ( if they exert control, provide tools, pay unemployment insurance etc the less likely the person is a contractor). Add all relevant parties the judge will srt it out. Firing an independent contractor???they can break the contract but a true firing may indicate employee relationship..

Contact the tattoo artist maybe he has liability insurance

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Answered on 5/26/13, 10:27 am


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