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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have owned a tattoo studio years, had no problems,

Customer Question

I have owned a tattoo studio for 10 years, had no problems, however, I have just received a letter from Irwin Mitchell regarding a claim for compensation due spots on the arm. This client came in on 27th November 2015, for a full day sitting, then returned exactly 2 weks later for another full day.
He is now claiming that he has suffered spots and ended up in hospital due to infections.I
he, at no point told us of any such problems.
I know he would have signed a disclaimer, however, over the time, 8 months, we cannot find this piece of paper. We do not have insurance to cover this type of problem.
I would appreciate your advice in this matter on what I need to do now. Thanks Mrs J Ellis
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 8 months ago.
Hi Ben, thanks for the response. Can you help me with the next step, and do you have any past problems like this one?
Expert:  Ben Jones replied 8 months ago.

Hi there. Please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience. What the client I trying to claim for here is potential personal injury. For you to be liable, he would need to show that you had acted negligently in the circumstances and that your negligence had resulted in the alleged injury. For this you need to have acted below the reasonable standard expected of a professional tattooist, such as if you had not performed the procedure with reasonable care and skill. To prove this they need to look at what a professional tattooist with the same skills and qualifications with you would have done and if what you did fell below the reasonable standard expected of you.

As an example of similar situations and how the law applies you can see here:

https://www.claims-personalinjury.co.uk/our-cases/beauty-treatment/pound35k-settlement-after-negligently-performed-tattooing-procedure-causes-scarring

At this stage all that has happened is that you have been approached by his solicitors about what he expects. You cannot be forced to do anything or to compensate him in any way. Only a court can do so. So until that happens you can decide whether to try and settle or to defend this further.

This is your basic legal position. I have more detailed advice for you in terms of the options you have now and what your rights are if they take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thanks for the reply, I received a letter from Irwin Mitchell which asked me to sign into a Claim Portal, which I have done, not sure if I have done it correctly, however, should I just ignore any more from these people , as apparently I can only respond via this Portal.Do you recommend I get in touch with a local solicitor and take all the details with me.
Customer: replied 8 months ago.
We have never had any problems like this before, Mark has been tattooing for 10 years, and have had letters from the local Health Authority that has stated we are one of the best tattooists for hygiene in the area. This person has apparently had an operation to take away the spots, which I find strange because that would be cosmetic and they do not operate on lumps etc unless he had it done privately not on the NHS
Expert:  Ben Jones replied 8 months ago.

Thank you. If they are using the Claim Portal then that is the official site on which the pre-action protocol on personal injury claims is followed. Basically if someone wanted to make a PI claim they are required to follow this protocol and follow certain steps before they can issue a formal claim. So in your case no formal claim has been issued yet but they are following the pre-claim steps. It could eventually lead to a formal claim and that is when you are formally required to respond and deal with it. If you wanted to get more formal advice on your position and strengths/weaknesses of your case then you may see a local personal injury solicitor. Some may provide you with an initial free consultation so do shop around for the most appropriate deal

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