Getting a new tattoo is an exciting experience—a permanent mark of self-expression. You trust the artist and the parlor to follow safety protocols to ensure the process is safe. Unfortunately, when that trust is broken and safety standards are ignored, the result can be a severe and painful infection. An infected tattoo is more than just a minor inconvenience; it can lead to serious health complications, permanent scarring, and substantial medical bills.

If you're suffering from an infected tattoo, you might be wondering about your legal options. The physical pain, emotional distress, and financial burden can feel significant. In Ohio, you have the right to hold negligent parties accountable. This article explains the grounds for filing a lawsuit for an infected tattoo, what you need to prove, and how a personal injury attorney can help you seek the compensation you deserve.

Establishing Liability: How Negligence Applies to Tattoo Infections in Ohio

The foundation of any personal injury claim, including an infected tattoo lawsuit, is the legal concept of negligence. Simply getting an infection is not enough to win a lawsuit. You and your legal team must demonstrate that the tattoo artist or parlor was negligent and that this negligence was the direct cause of your injuries.

To establish negligence in Ohio, you must prove four specific elements:

1. Duty of Care: The tattoo artist owed you a professional duty of care. This means they had a legal responsibility to act with the same level of skill and caution that a reasonably competent tattoo artist would under similar circumstances.
2. Breach of Duty: The artist or parlor failed to meet this standard of care. This is the act of negligence itself.
3. Causation: The artist’s breach of their duty of care directly caused your tattoo to become infected.
4. Damages: You suffered actual harm—such as medical expenses, pain, scarring, or lost income—as a result of the infection.

If all four of these elements can be successfully proven, you may have a strong case for compensation.

What Is the Duty of Care for a Tattoo Artist in Ohio?

Tattoo artists and parlors in Ohio are subject to specific regulations designed to protect public health. The Ohio Department of Health outlines rules for body art facilities, which establish a clear standard of care. This professional duty requires them to take specific steps to prevent infections and ensure client safety.

Key responsibilities include:

• Maintaining a Sterile Environment: The tattoo station, chairs, and surrounding areas must be clean and sanitized regularly.
• Using Sterilized Equipment: All needles must be new, sterile, and single-use. Tools like tattoo guns and grips must be properly sterilized in an autoclave—a machine that uses high-pressure steam to kill bacteria and viruses.
• Following Proper Hand-Washing Procedures: Artists must wash their hands thoroughly and wear new, disposable gloves for each client.
• Providing Clear Aftercare Instructions: The artist must give you detailed verbal and written instructions on how to care for your new tattoo to prevent infection during the healing process.
• Screening Clients: Artists should ask about health conditions that might increase infection risk, such as diabetes or a compromised immune system.

When an artist or parlor fails to follow these established health and safety protocols, they breach their duty of care.

Examples of a Breach of Duty

A breach of duty can occur in many ways, from overt carelessness to subtle omissions. Common examples that can lead to an infected tattoo include:

• Reusing needles or ink caps between clients.
• Failing to properly sterilize non-disposable equipment.
• Working in an unsanitary station with contaminated surfaces.
• Failing to wear gloves or changing them after touching non-sterile objects.
• Using expired ink, which can harbor bacteria.
• Neglecting to provide comprehensive aftercare guidance, leaving the client unsure how to protect their healing skin.

An experienced personal injury lawyer in Ohio can investigate the circumstances of your tattoo session to identify if and how the artist breached their professional duty.

Proving Your Infected Tattoo Lawsuit in Ohio

Once you've established that the tattoo artist likely breached their duty of care, the next step is to connect that breach directly to your infection. This is the causation element of your claim. The defense may argue that your own poor aftercare caused the infection, so building a strong case with solid evidence is essential.

Gathering Evidence for Your Claim

Evidence is the backbone of any personal injury lawsuit. The more documentation you have, the stronger your position will be when seeking infected tattoo compensation. Key pieces of evidence include

• Medical Records: This is perhaps the most important evidence. Seek medical attention immediately if you suspect an infection. A doctor’s diagnosis, treatment plan, prescriptions for antibiotics, and medical notes will create an official record of your injury and its severity. These records help prove that an infection occurred and establish its timeline.
• Photographs and Videos: Take clear, well-lit photos of the infected tattoo as soon as you notice symptoms like redness, swelling, pus, or excessive pain. Continue documenting the infection's progression and any resulting scarring or disfigurement.
• Witness Testimony: If you went to the tattoo parlor with someone, their statement about the parlor’s cleanliness or the artist’s practices could be valuable.
• Parlor Documentation: Keep any receipts, consent forms, or aftercare instruction sheets you received from the tattoo parlor. These documents prove when and where you received the tattoo.
• Expert Testimony: In some cases, your personal injury attorney may hire a medical expert to testify that the type of infection you developed—such as a staph infection or MRSA—is commonly associated with unhygienic practices in tattoo parlors. An industry expert could also testify about the standard of care and how the parlor deviated from it.

The Importance of Linking the Breach to the Infection

To prove causation, your attorney will work to demonstrate that it is more likely than not that the artist's negligence—not your own actions—caused the harm. For example, if medical tests show you contracted a specific strain of bacteria commonly found on non-sterilized equipment, it creates a powerful link back to the tattoo parlor.

Conversely, if the evidence shows the parlor followed all procedures and you admitted to swimming in a lake the day after getting your tattoo—directly against typical aftercare instructions—it would be much harder to prove the parlor was at fault. This is why following aftercare instructions diligently and documenting your own actions is also important.

Beyond Medical Bills: What Your Ohio Infected Tattoo Lawsuit Can Cover

If your infected tattoo lawsuit is successful, you may be entitled to recover compensation for the various ways the injury has impacted your life. This compensation, known as damages, is intended to make you "whole" again from a financial perspective.

Damages in an Ohio personal injury case are typically categorized into two types: economic and non-economic.

Economic Damages

These are the tangible, out-of-pocket financial losses you incurred because of the infection. They are straightforward to calculate with bills, receipts, and pay stubs.

Economic damages may include:

• Medical Expenses: Coverage for all costs related to treating the infection, including emergency room visits, doctor's appointments, prescription medications (like antibiotics), and any necessary procedures like draining an abscess or surgery.
• Future Medical Costs: If the infection leads to long-term issues, such as severe scarring that requires plastic surgery or ongoing dermatological care, you can seek compensation for these future expenses.
• Lost Wages: If the infection was severe enough to cause you to miss work, you can be compensated for the income you lost during your recovery.
• Loss of Future Earning Capacity: In rare cases where the infection causes a permanent disability that affects your ability to work, you could claim damages for diminished earning potential.

Non-Economic Damages

These damages compensate you for the non-financial, personal hardships caused by the infected tattoo. They are more subjective and can be challenging to quantify, but an experienced personal injury attorney knows how to build a case to justify a fair amount.

Non-economic damages may include:

• Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress you endured from the infection and its treatment.
• Scarring and Disfigurement: Tattoos are often placed in visible areas. If the infection leads to permanent scarring, keloids, or skin discoloration that alters your appearance, you can seek compensation for this disfigurement.
• Mental Anguish: This can include compensation for anxiety, depression, or embarrassment caused by the injury and its cosmetic impact.

Steps to Take if You Have an Infected Tattoo in Ohio

If you believe your tattoo is infected, acting quickly is important for both your health and your potential legal claim.

1. Seek Medical Attention Immediately: Your health is the top priority. A doctor can properly diagnose the infection, prescribe treatment to prevent it from worsening, and create an official medical record.
2. Document Everything: As mentioned earlier, take photos and videos of the tattoo, save all receipts from the parlor, and keep detailed notes about your symptoms and the timeline of the infection.
3. Report the Incident: You can file a complaint with your local health department in Ohio. An official investigation into the parlor's practices could uncover evidence of health code violations that would strengthen your case.
4. Do Not Speak with the Parlor’s Insurance Company: You may be contacted by an insurance adjuster for the tattoo parlor. It is best not to give them a recorded statement or accept any early settlement offers without first consulting an attorney.
5. Contact a Personal Injury Lawyer: An experienced attorney can evaluate your case, explain your legal rights, and handle all the complexities of filing a claim so you can focus on your recovery.

Following these steps is the best way to protect both your health and your legal rights after suffering from a tattoo infection. While diligently documenting evidence and seeking medical care are foundational actions you can take, navigating the complexities of a personal injury claim requires professional guidance. An experienced personal injury attorney can evaluate the details of your situation, determine the strength of your case, and manage the legal process, allowing you to focus entirely on your recovery.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

Suffering from a painful infection due to a tattoo artist's carelessness is a violation of trust that can have lasting consequences. You should not have to bear the financial and emotional burden alone. If you or a loved one developed a serious infection after getting a tattoo in Ohio, you may be entitled to significant compensation.

At Brandon J. Broderick, Attorney at Law, our dedicated team of personal injury attorneys has the experience to investigate your claim, gather the necessary evidence, and fight for the justice you deserve. We understand the nuances of negligence law in Ohio and are committed to holding responsible parties accountable. Contact us today for a free consultation to discuss your case and learn how we can help you on the path to recovery.