This judgment could have far-reaching consequences for tattoo studios / tattoo artists: if a tattoo is carried out incorrectly, the customer can claim compensation for pain and suffering and the costs of removing the tattoo without having given the tattoo artist the opportunity to touch it up beforehand. This was decided by the OLG Hamm, according to the DAS. Reason: For work that causes pain and can lead to damage to health, trust in the skills of the contractor plays a crucial role.
Background information on the tattoo (law): From a legal point of view, making a tattoo is a so-called work contract, in which – similar to a craftsman’s work – a certain degree of success is to be achieved. The German Civil Code regulates for this type of contract that the customer can normally only assert claims for damages due to defective work if the contractor has been given the opportunity to rectify the problem within a reasonable period of time.
A tattoo artist’s customer had a flower motif with tendrils. The tattoo artist improperly applied the color to layers of skin that were too deep, causing the colors to bleed. The strength and course of the lines also did not correspond to the chosen motif.
The customer demanded compensation for pain and suffering as well as the additional costs required to have the tattoo removed by a doctor of her choice. The tattoo artist insisted on a touch-up attempt in the form of a laser treatment only of the unclean areas with subsequent new tattoos by himself.
The Hamm Higher Regional Court decided after notification from DAS legal protection insurance that a claim for pain and suffering of 750 euros was justified. In addition, the customer has a claim for compensation in the amount of the cost of removing the tattoo and with regard to all possible costs and damage that could still arise.
This claim for damages would exist without the customer having to give the tattoo artist the opportunity to make improvements beforehand. A tattoo causes pain and poses a risk of health hazards. If the customer has lost trust in the skills of the tattoo artist, he simply cannot be expected to attempt to improve. According to the court, the loss of trust was justified here due to the poor execution of the tattoo.
Tattoo scarring is becoming very commonly asked question nowadays. Many people ask does tattoo removal leave scarring. People should be aware of the implications of tattoos before going for them. This may save you from many complexitites.