Memorandum: TO: Chief of Prosecutions FROM: Attorney RE: Tattoo Shoppe Case Liability for Wrong Tattoo DATE: April 12, 2013 Questions Presented Is Tattoo Shoppe liable for the wrong tattoo performed by its owner on Lydia's lower back? If yes, how much money is the tattoo parlor liable for and how can such liability be prevented in the future? Short Answer Even though liability for tattoos that go wrong varies across the state, the tattoo artist is primarily liable while the tattoo parlor has only a small portion of the liability. According to the law, any individual who performs any service should conduct it with reasonable skill and care. Therefore, if the tattoo parlor makes a wrong tattoo or messes one up, he/she is in violation of his/her contract with the client. Tattoo Shoppe will be liable for physical or financial compensation for the cost of the tattoo and any other damages. Statement of Facts The issue under evaluation is where the owner and manager of a tattoo parlor known as Tattoo Shoppe described a scenario that can be regarded as a tale of woe. Lydia Bennett, a customer, arrived at the facility and informed the tattoo artist that she would some Chinese characters tattooed on her lower back. Lydia stated that she would like the Chinese characters for "Liberty, Equality and Fraternity." The tattoo artist at Tattoo Shoppe took out a Chinese character "cheat sheet" that contains commonly requested symbols. He then showed Lydia some characters in the
Twenty-three percent said it would depend on the number and location of the tattoos and/or the role being fulfilled" (Workopolis, 2014, para. 4). Workopolis asked people “Would a candidate having tattoos affect your decision to hire that person?” and the data added up to seventy-seven percent of employers will not hire an employee with tattoos (Workopolis, 2014, para 4). This is just wrong. Whether a future employee has tattoos or not does not mean they are not an expert in their field or highly qualified for a position. As long as the tattoos are not on the head, face or throat and they are not inappropriate, having tattoos should not deter anyone from getting hired for a job.
Tattoos in today’s business society are a lot of times frowned upon for being unprofessional and not acceptable. Businesses assume if a possible future employee of theirs has tattoos or piercings they may not be as intelligent as one without tattoos. Society associates people with tattoos as bad people and they judge them based on how they look which is wrong. “In a study 31 percent of human resource managers said visible tattoos could have a negative impact on their decision whether to hire someone, but bad breath weighed even heavier in the survey. Employees with chewed fingernails and dark suntans were offered fewer promotions, the survey said.”(Burlington)
Percentages of tattoos and piercings in the work force. (Stapaw.com) 42% of adults in America with tattoos. 43% of adults believe tattoos should have meaning. There are over 21,000 tattoo parlors in the U.S. The average cost for a small tattoo is $45. National average cost for tattooing is $100 per hour. There is only 5% of adults with cover up tattoos.(Stapaw.com) The highest amount of tattooed employees is in the military. The second in rant is agriculture for amount of tattoos. (Stapaw.com) "76% of employees feel that tattoos and piercings hurt all your job interview chances." "6% of tattooed people say they wouldn’t hire someone if they had visible ink. On the other hand 73% inked people say they would hire another for having visible ink. There is only 4% tattooed and pierced people that say they have actually faced discrimination in their current job for their visible ink." (Stapaw.com) "States with the highest percentage of tattoo discrimination statistics are South Carolina, Oklahoma and Florida.
People must accept the fact that employees represent the public face of a company, so it is important that they follow the employer’s guidelines to respect their company image. Your tattoos may or may not be an issue to the employer but it all depends on the location and size. With visible body piercings, they can ask you to remove them when you’re at work. Although tattoos cannot be removed like piercings, your employer can request that visible tattoos be covered at work (Whickson). If the tattoo can be hidden, then it shouldn’t be burdensome for the employee to simply cover it up to comply with the guidelines. In a 2001 study done by Vault.com, a research and employment information services company that profiles U.S. companies, almost 60 percent of employers said they would be less likely to hire someone with visible tattoos or piercings (Dellavega). Consider yourself lucky if your tattoos can be covered, because having a job is better than being rejected due to visible body art. Some may feel that people with tattoos are treated differently, but the employer is avoiding discrimination by giving you a chance to conceal them, which is a way for them to accommodate tattooed employees.
To begin, Leanne Padowski has personal experience with this area. According to the article, "Our company's policy states that anyone who works in customer service cannot have a visible tattoo." Ms. Padowski deals first hand with the restrictions of visible tattoos, and therefore, this is a credible piece of evidence to support her argument. Mr. Johnson, on the other hand, is bias since
An Estimated 40 year ago those who received tattoos and various forms of body art were only prisoners, outlaw motorcycle gangs and those who were in the armed forces (Taylor, 2012). As more people demanded more ink, more businesses were opened, some tattoo artists began to fear the spread of blood borne pathogens such as hepatitis (Taylor, 2012). “If you do not know whom you are going to or what you are getting done, anywhere in Idaho, it is a risky situation” (Taylor, 2012). The minor could be put in a real high risk situation; a number of tattoo artists were calling for government intervention. The reasoning is that, the health department needs to step in, so tattoo parlors that do not take safety into account, can get shut down (Taylor, 2012).
The Tattoo Parlour Act 2012 is part of the Government’s response to gang violence in New South Wales and follows from the Crime Amendments, Consorting and Organised Crime, Act 2012 and the Crimes, Criminal Organisation Control, Act 2012. The purpose of the Act is to create a licensing and regulatory scheme for body art tattooing businesses, body art tattooist and the performing of body art tattooing procedures. The Tattoo Parlour Act 2012 aims to break the control outlaw motorcycle gangs have over the tattoo industry.
Michael Bjorck, who is on his fourth tattoo and also works as a paramedic, says he feels most tattoo shops self regulate to keep up with health standards. "We don't really see people seeking out medical care, at least in a hospital, for infections related to tattoos. Do they happen, yes, but we see a lot more people who have post opt. infections after they have their appendix removed or something else than we do with infections related to tattoos," explains
A large number of businesses do not allow tattoos that are visible. Many also prohibit piercings, other than single earrings on women. Some industries even take their policies to the extreme of not allowing any tattoos that take up more than 25% of a body part, and if a pre-existing tattoo is too large or obscene, it must be removed (Powers). This even applies if a uniform can easily cover the tattooed area.
It’s very important to make sure the tattoo studio is clean and safe, and that all equipment is disposable (needles, gloves, masks, etc.) and that everything is sterilized. You can call your state, county, or local health department to ask for recommendations on licensed tattoo shops, or to ask about any complaints about a particular studio.
Tattoos have been dated back to 5000 BCE. Tattoos have played the role of being badges of honor, ceremonial markings, signs off social rank, forms of punishment, and of course ways for people to beautify themselves (The Cultural History of Tattoos). Over the past years, tattoos has increased and continues to increase significantly in popularity. According to statistics, 36% of American adults in the U.S. between the ages of 18-25 and 40% of American adults in the U.S. between the ages of 26-40 have at least one tattoo (Seth). While the trend of getting tattoos are increasing, the concerns of the employers starts to increase. People who have tattoos should not be discriminated because it is unethical, a form of self-expression, and art.
Introduction: Is there anyone here that does not like tattoos or likes them, but would never think of getting one? Today, tattoos are a growing in popularity when before tattoos were only seen on people in a circus as an act or on military veterans who wanted to display their troop proudly. Even though there is this growing popularity of tattoos, entry-level jobs require strict dress code policies disapproving the sight of tattoos while at work.
The aftercare of a tattoo is complex for the first couple of weeks. The tattoo cannot be soaked in water for 7-10 days, it cannot be exposed to the sun for 2-3 weeks, and it is detrimental that the skin is not picked or scratched in the area around the tattoo also. Also, the tattoo parlor that is chosen by a person determines
Tattoos today are recognized as totally different than what they were pictured as in the past. “Tattooing is recognized by government agencies as both an art form and a profession and tattoo-related art work is the subject of museum, gallery and educational institution art shows across the United States.” [ (Levins,
Infection is another significant hazard. The degrees of infection vary in seriousness. The least serious of infection is where the tattoo is swollen or sore. Running cold water and keeping it dry fix this type of infection. It heals if treated correctly and is not very painful. Another type of infection is where the tattoo will ooze pus. This is a more serious type of infection and needs to be treated by a doctor. This type of infection normally only happens if you pick at scabs while the tattoo is healing which is definitely preventable. Although a doctor must treat the infection it is usually only to prescribe antibiotic cream or ointment. The most serious type of infection is gangrene. This is very rare and does not happen often. It results in not getting proper care of an open infection. If this happens one should seek medical attention immediately and also let the tattoo place know. Basically infection can be prevented with proper aftercare of the tattoo, which is provided by the tattoo parlor.