Professional Liability in the Aesthetic and Tattoo Sector
The decision to imprint a permanent mark on one's skin, whether it's an artistic tattoo or a permanent makeup treatment (dermopigmentation), always involves an expectation of aesthetic results and health safety. Unfortunately, it is not uncommon for the procedure to go wrong, leaving the client with physical damage, infections, or disastrous visual results that negatively impact their quality of life and self-esteem. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands the psychological and physical distress that results from a poorly executed aesthetic treatment and offers his expertise to protect the rights of those who have been harmed.
From a legal standpoint, the activity of a tattoo artist or aesthetic operator falls under professional service provision. This implies that the professional is obliged to operate with the qualified diligence required by the nature of the task, respecting strict hygienic-sanitary protocols and possessing the necessary technical skills to perform the work to a professional standard. When an error occurs, such as color smudging, the use of non-compliant pigments, the onset of infections due to poor hygiene, or the creation of a design that differs from the agreed-upon one, contractual or non-contractual liability is established. Italian law stipulates that anyone who causes damage to others in the course of their activity is liable for compensation, covering both the expenses necessary to remedy the damage (such as laser removal or medical treatment) and the biological and moral damages resulting from the error.
The Bianucci Law Firm's Approach to Aesthetic Damages
Addressing a claim for compensation for a botched tattoo or permanent makeup requires a precise strategy, which goes beyond a simple verbal dispute. The approach of Avv. Marco Bianucci, a lawyer specializing in civil liability in Milan, is based on a rigorous preliminary analysis of the available documentation. It is essential to examine the informed consent form signed before the treatment, verify the certifications of the pigments used, and collect immediate photographic evidence of the damage suffered. The firm collaborates with trusted forensic doctors to correctly quantify biological damages, assessing whether there are permanent injuries, scars, or significant dermatological consequences.
The primary objective of the Bianucci Law Firm is to obtain fair compensation for the client, prioritizing an out-of-court settlement whenever possible, which guarantees faster timelines compared to ordinary litigation. However, should the opposing party or their insurance company fail to acknowledge their responsibilities, Avv. Marco Bianucci is prepared to defend the client's rights in court with firmness and expertise. The legal strategy aims to demonstrate the causal link between the professional's actions and the damage suffered, highlighting the technical negligence or hygienic deficiencies that led to the negative outcome.
Frequently Asked Questions
Can I claim compensation if I don't like the aesthetic result of the tattoo?
Mere regret or personal taste are not sufficient grounds for compensation. However, if the final result is objectively different from the agreed-upon design, presents evident technical errors such as shaky lines, unintended asymmetries, or color smudging (so-called blow-out), professional liability may be established. In such cases, it is essential to prove that the work performed does not meet the professional diligence standards required of the tattoo artist.
What happens if I contract an infection after the treatment?
Infections are often an indication of a failure to observe hygienic-sanitary regulations, such as the use of non-sterile needles or unsuitable environments. If it can be proven that the infection is a direct consequence of the treatment and not due to poor aftercare by the client, the operator and the aesthetic center may be held liable. As an expert lawyer in damages compensation, Avv. Marco Bianucci advises keeping all medical reports that attest to the origin and nature of the infection.
What types of damages can be compensated?
Compensation can cover various types of damages. Firstly, patrimonial damages, which include the refund of the treatment cost and expenses incurred for medical care or laser tattoo removal. Then there are biological damages, if there is temporary or permanent injury to physical and psychological integrity (such as keloid scars or chronic allergic reactions), and moral damages, related to inner suffering and aesthetic distress experienced. Each case must be evaluated individually to correctly quantify the amount owed.
How much time do I have to take legal action against the tattoo artist?
The statutes of limitations vary depending on whether contractual or non-contractual liability is established. Generally, for contractual liability, the term is ten years, while for non-contractual liability, it is five years from the moment the damage manifested and was perceived as a consequence of the wrongful act. However, it is advisable to act promptly to avoid losing crucial evidence and to allow for an accurate forensic medical evaluation of the situation and injuries.
Request an Assessment of Your Case
If you have suffered damage as a result of a poorly executed tattoo or permanent makeup treatment, do not resign yourself to living with the distress. You have the right to demand that the professional be held accountable for their actions. Avv. Marco Bianucci, with his experience in damages compensation, is at your disposal to analyze your situation and assess the feasibility of a compensation claim. The Bianucci Law Firm welcomes you at its office in Milan, located at Via Alberto da Giussano 26, to offer you personalized legal assistance attentive to your needs.