Can I sue if my underage daughter got a tattoo?
In some situations a parent or guardian can sue a tattoo parlor or tattoo artist if their minor child was tattooed but there are many factors that determine whether this kind of claim warrants the time and money that it might take to pursue. Laws that determine whether or not a minor is allowed to get a tattoo without the consent of his or her parent or guardian, vary from state to state. To help you figure out whether or not your situation warrants a legal claim, you may find it beneficial to discuss your situation with a lawyer who is licensed to practice in the state where your son or daughter got their tattoo without proper consent.
If your minor child acquired a tattoo in Washington DC, Maryland, Virginia or the surrounding areas, contact Cohen & Cohen One of our experienced and compassionate members of our legal team is available to discuss your situation and to give you a free case evaluation. Discussing the details of your case with a lawyer who knows the law and who may be able to give you more definitive answers to your questions, may help you to make a more informed decision about what your next steps should be. One of our friendly team members is available to take your call any time of the day or night.
Many states do not allow a minor to be tattooed under any circumstances. Some states allow a minor to get a tattoo when a parent or guardian is present but this is not as common as per se, the laws around minors being allowed to get piercings with parental consent and/or accompaniment.
In the states that do allow minors to get piercings with a parent or legal guardian present, the legality of the tattoo may be questioned because of joint custody agreements. For example, if there is a stipulation in a custody agreement that clearly states that one parent may not make decisions about “parental consent” without the other parent’s consent, the parent that allowed the tattoo may be in breach of the custody agreement. If a friend or relative of your child falsely posed as your child’s legal guardian and gave consent for him or her to get a tattoo, it may be possible to hold them liable for damages. As well, they may be found guilty of illegally impersonating you or your child’s other parent.
In the event your minor child got a tattoo in a state that does not allow minors to get tattoos at all, you may be entitled to take legal recourse but it is good to be aware of a few affecting factors. Your son or daughter may have used a fake idea which could negatively impact your child’s record. The legality of many tattoo artists can be questioned when they do not work out of a licensed tattoo parlor. Many tattoo artists work out of a house or another place that is not designed to be a place of business. There is a good chance that getting someone like this to pay damages for illegally giving a tattoo may be more effort than the money is worth.
If you have questions about whether or not you can sue someone over your minor child getting a tattoo illegally, contact Cohen & Cohen, today.