Legal Question in Business Law in California

I asked this question before, but worded it very poorly.

I have a flubbed tattoo. The tattoo is NOT what was agreed to be put on, it is unfinished in color, shading, detail and the outline need to be retouched. I have evidence of what the artist claimed it would look like. The tattoo artist was fired for being a liability to the shop (he failed to have clients fill out a release of liability form). I have been offered, by the shop owner, the option to have another artist finish my tattoo (at MORE cost to me). However,I would like a FULL refund for breach of oral contract. Additionally, in my line of work (adult entertainment) it is sometime necessary for me to reveal the area on my body where the flubbed tattoo is. Showing my tattoo makes me feel self-conscious and I have lost many work opportunities due to my condition. By definition, a tattoo cuts into the skin, causes bleeding, and leaves a permanent scar. Because mine was done incorrectly, I feel I have been harmed/injured by the negligence of the shop.

My questions is: Do I have a case? If so, how strong is the case, what type of case is it (i.e negligence, premise liability, professional liability, pain & suffering etc.) and what key evidence should I prepare to show to support my claim?

Thank you for your time.


Asked on 3/21/13, 8:59 am

1 Answer from Attorneys
Robert Kubler The Kubler Law Firm

Now you're not talking about a tattoo that merely faded because of improper healing, right?

Otherwise you probably have a case for an unfinished tattoo, assuming you still have the evidence of what it was to look like, but don't go back there. Take pictures of your tattoo. Then go to another tattoo shop, get an estimate how much it will cost to finish the work and then see a local personal injury attorney. By the way the fact you're losing work sounds far removed, meaning it is noncollectable in a lawsuit from an unfinished tattoo unless you told them before the agreement that it was for work and the unfinished tattoo is the only reason you didn't get the work.

Injury? Not sure what you're talking about. Is the tattoo not only unfinished but was negligently done?

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Answered on 3/23/13, 7:05 pm


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