QUESTION
Can I take the unlicensed tattoo artist to court to pay for my removal process?
Asked on Feb 28th, 2016 on Collections - Arizona
More details to this question:
When I was 17 I made the mistake of getting a tattoo from somebody who was unlicensed and out of his home. The tattoo is horrendous and very large. I try my hardest to keep it hidden, which is hard since it's on my outer thigh. I now would like to get it removed, at 20. Am I able to take him to court to pay for my removal process even though it's been years later?
1 ANSWER
Administrative Law Attorney serving Tucson, AZ
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Munger, Chadwick & Denker, P.L.C.
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I don't think there's anything you could claim for. Licensure is no guarantee of quality artwork. At best, a license gives the consumer some confidence that the artist practices his trade safely. Unless he misrepresented himself as being licensed and you suffered some injury as a result of that misrepresentation, you might, at best, have a claim for breach of contract. If you approved the design and size before inking, and especially if it matched any thermal transfer he applied to your skin first, you would not have a breach of contract claim. If the quality of this tattoo was about the same as what he showed you in his portfolio, then you got what you paid for.
A cheaper solution than removal might be to get a licensed professional to fix it up or even mask it with another one right on top.
Answered on Mar 03rd, 2016 at 7:56 AM