Getting a tattoo is supposed to be a creative and meaningful experience — not a medical emergency. Yet infections from unsafe tattooing practices happen more often than most people realize. When a tattoo becomes infected, it’s more than just painful or unsightly; it can lead to serious health complications and expensive medical bills. So, can you sue for an infected tattoo in Massachusetts? The answer depends on how and why the infection occurred.
In Massachusetts, tattoo artists and shops are legally required to follow strict safety and sanitation standards. If your infection resulted from a tattoo artist’s negligence or a shop’s unsanitary conditions, you may have grounds for a Massachusetts tattoo injury lawsuit. Understanding your rights — and how to prove negligence — is the first step toward getting compensated for your injuries.
At Brandon J. Broderick, Attorney at Law, we’ve helped clients recover damages after infections and injuries caused by negligent tattoo parlors. Here’s what you need to know about your legal options.
How Tattoo Infections Happen — and Who’s Responsible
Not all tattoo infections are caused by negligence. But when poor hygiene, contaminated equipment, or improper sterilization leads to an infection, the tattoo artist or shop may be legally responsible.
Common causes of tattoo infections in Massachusetts include:
- Using dirty or unsterilized needles
- Contaminated ink or water
- Poor cleaning and sanitation procedures
- Reusing ink between clients
- Failing to wear gloves or change them between customers
- Providing incorrect or incomplete aftercare instructions
When any of these actions violate state safety regulations, they can lead to liability under Massachusetts personal injury law.
Massachusetts Tattoo Laws and Safety Requirements
Massachusetts regulates tattooing and other forms of body art primarily through local Boards of Health, which issue licenses and conduct inspections. The Massachusetts Department of Public Health (DPH) provides Model Body Art Regulations that cities and towns can adopt or expand upon. These model regulations outline the health and safety requirements that body art establishments must follow.
Typical local requirements for tattoo shops include:
- Maintaining a clean, sanitary environment
- Sterilizing all reusable equipment and disposing of single-use needles
- Using sterile, non-contaminated inks and pigments
- Keeping detailed records of each client and procedure
- Providing clients with written aftercare instructions
Many municipalities also reference 105 CMR 480.000, which governs the handling and disposal of infectious or biological waste. Failure to comply with these standards can serve as evidence of negligence in a Massachusetts tattoo infection claim. When a shop cuts corners or ignores these requirements, it can face health department penalties — and civil liability if a client is injured.
Proving Negligence in a Massachusetts Tattoo Injury Case
Winning a tattoo injury claim in Massachusetts depends on proving that the artist or shop was negligent. To do this, your attorney must show four main elements:
- Duty of care: The tattoo artist owed you a duty to follow all safety and sanitation standards.
- Breach of duty: The artist or shop failed to meet those standards.
- Causation: Their negligence directly caused your infection or injury.
- Damages: You suffered measurable harm — medical costs, pain, lost income, or permanent scarring.
Each of these elements requires strong evidence. Medical records, photos of the infection, inspection reports, and witness statements can all help establish liability.
An experienced tattoo injury lawyer in Massachusetts will gather this evidence and work with medical experts to prove the link between the shop’s negligence and your infection.
Who Can You Sue for a Tattoo Infection?
Depending on what caused your infection, more than one party may be held responsible. Potential defendants in a Massachusetts tattoo injury lawsuit include:
- The tattoo artist: for using unsanitary practices, improper aftercare instructions, or contaminated materials.
- The tattoo parlor or owner: for failing to maintain safe premises or supervise staff properly.
- Ink or equipment manufacturers: if the infection stemmed from a defective or contaminated product.
- Independent contractors or cleaners: if improper sanitation led to contamination.
Your attorney will identify every potentially responsible party to ensure you can pursue the full compensation available.
What Compensation Can You Recover?
Victims of tattoo infections may be entitled to compensation for the harm they’ve suffered. In a Massachusetts tattoo infection compensation claim, recoverable damages can include:
- Medical expenses: for treatment, antibiotics, hospitalization, or corrective procedures
- Lost income: if your infection caused you to miss work
- Pain and suffering: for physical pain, emotional distress, and inconvenience
- Scarring or disfigurement: for permanent marks or changes to your skin
- Future medical care: if ongoing treatment or cosmetic repair is needed
In severe cases, if the tattoo artist’s behavior was reckless or knowingly dangerous, you may also seek punitive damages meant to punish particularly egregious conduct.
What To Do If You Have an Infected Tattoo in Massachusetts
If you suspect your tattoo is infected, it’s important to take the right steps both for your health and for your potential legal claim.
- Get medical care immediately. Early treatment can prevent the infection from spreading and creates essential medical documentation.
- Take photos and save evidence. Document the tattoo’s condition and the shop’s environment if possible.
- Report the incident. File a complaint with your local Board of Health or the Massachusetts DPH.
- Avoid further contact with the shop. Don’t let them attempt to “fix” or rework the tattoo until a doctor clears it.
- Contact a Massachusetts tattoo malpractice attorney. A lawyer can help you understand your rights and guide you through the claims process.
The more information you collect early, the stronger your Massachusetts tattoo injury claim will be.
The Role of a Tattoo Injury Lawyer in Massachusetts
Proving negligence in a tattoo infection case can be challenging. Tattoo parlors often deny responsibility or blame the client’s aftercare. An experienced Massachusetts tattoo injury attorney can help by:
- Investigating health code violations or prior complaints
- Gathering medical and photographic evidence
- Consulting with infectious disease or dermatology experts
- Negotiating with insurance companies
- Filing a lawsuit if the tattoo parlor refuses to settle fairly
At Brandon J. Broderick, Attorney at Law, we know how to hold negligent businesses accountable. We’ll handle the legal complexities so you can focus on recovery.
How Long Do You Have to File a Tattoo Injury Lawsuit?
In Massachusetts, the statute of limitations for most personal injury cases — including tattoo-related injuries — is three years from the date of the incident or when you discovered the injury. Missing this deadline can prevent you from recovering compensation.
Your attorney can make sure all filings are completed on time and that your case is properly documented before the deadline expires.
Call Brandon J. Broderick For Legal Help
An infected tattoo can lead to serious medical problems and lasting physical or emotional scars. If your injury was caused by unsafe practices or negligence, you have legal options. The team at Brandon J. Broderick, Attorney at Law can help you file a Massachusetts tattoo infection claim, pursue fair compensation, and hold the responsible parties accountable. Don’t wait to find out if you have a case.
Contact our office today for a free consultation. Our experienced Massachusetts personal injury attorneys will listen to your story, review your options, and fight for the justice you deserve.