Thursday, July 14, 2011
I need help with specifics of tattoo laws and how to sue a tattoo shop.?
It's complicated BUT I got a tattoo I didn't like over a year ago and then last november I decided to go get it covered. I didn't know anything about tattooing so I just went to the first shop someone recommended and the people at that shop convinced me of how good they were so I put a deposit for an appointment. They told me it would be 3 treatments TOPS with the last being minor touchups (ps the tattoo is on my foot) and they said it would cost 250. I didn't have that in writing though. They never took my ID or asked how old I was (I am of age but how do they know?- people tell me I look young) they also never had me sign anything including any sort of legal waiver or buyer beware or anything. So after the third session I asked why it was looked so flat and faded and it did not look realistic like I asked and they assured me that if I came back one more time they would add dimension and the color would pop. Well, I ended up going a total of six times and my tattoo is still so faded that it looks about 25 years old and they never did anything new to make it look better because every time I came in they just had to redo the old stuff because of the fading. I never had color done before so I didn't really know it was so unusual and they kept telling me not to worry but finally when I started getting huge plasma scabs I did some research and went to all the most reputable shops in town I got over 13 artists opinions and they all said the same thing without prompting- that it was terrible work and the ink was very cheap (hence the quick fading). I was also informed of the reputation that shop has around town. Again everyone said the same thing- the owners are charming and lie to you and make their own products that are cheap to make you keep coming back. Also that they are very mean and do horrible work and really bad cover ups (now I wish I had known to check out places before getting the tattoo- I feel foolish for that). Plus now I had a lot of scar tissue on my foot from all the treatments. So I went to talk to the artist and I calmly asked why my tattoo was looking this way and what their plan was to finish/fix it up. They said they were done- which it looks NO WHERE NEAR done. That moment the "owner" came out and started explaining (acting very pissed off) that it was not done and for coverups they need to slowly work in black over many many appointments until it looks done(why are they saying two totally opposite things?) and then I mentioned my second opinions. That moment he FLIPPED out and yelled at me for insulting the artist by getting another opinion and threatened my mother for trying to calm him down. He made personal attacks and there was a crowd watching- the artist was embarassed and when I asked for help they said NOTHING to defend me from the attack. So I left with an unfinished horrible product that I can't get finished because I feel afraid to go back. I have done everything I can think of but laws about this are tricky and noone really knows. I called the police dept. for advice, the BBB, and lawyers. I filed a small claims case and found out that the owner is actually the person who tattooed me and the shop is set up as a franchise so I can't sue the shop itself but only the owner of the individual shop-which I did. I had no idea how much to ask for so I filed for a little over the amount I actually paid which was more like 500. But really with no reasoning behind the amount I asked. So I have spoken with a friend who is in law school and says I should file for the full amount I paid and the cost of laser removal. So I guess I will have to refile or amend? Randomly my sister was getting a tattoo the other day and I went and spoke to the artist there and he happened to work for that shop 10 years ago when he first started and they yelled at him too and scared him. He said the shop threatens a lot of other tattoo artists and that even though they have been around for 20 years they scare people from filing against them although I have heard they have been sued a lot. I was told they aren't very sanity and are running a lot of scam type things that are hard to prove but just always trying to make money. I need to know how I can prove the tattoo is a bad tattoo-i mean anyone looking at it can see it looks horrible but I know they will say it was a cover up and too bad. Can I prove it somehow because other artists all know it is poor work. Also how can I collect money if I win if it's not a business- I heard it's hard if you don't know where they bank? I need advice on the whole thing! Anything helps please. Should I try to get vice to investigate? Also what about the sanitary worries- how can I look into that? My case is coming up soon and I want to stop this place from ruining more peoples bodies and scaring them and taking their money. It's scary this exists. I know I made mistakes but it doesn't excuse what th
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