A poorly executed tattoo can oblige the tattoo artist to pay pain compensation without being entitled to repair it. The 12th Civil Senate of the Higher Regional Court of Hamm pointed this out by order of 5 March 2014, referring to an appropriate first-instance decision of the Landgericht Bochum.
The plaintiff from Recklinghausen had commissioned the defendant owner of a tattoo studio in Oer-Erkenschwick in March 2011 with the creation of a tattoo. After a draft of the defendant then tattooed on the right shoulder blade of the applicant a colored flower and tendrils. He brought the color in too deep skin layers. The tattoo was no longer the design, it came to tilting, irregularly thick lines and color gradients.
The plaintiff therefore demanded compensation for pain and refused to have the tattoo repaired by the defendant. The applicant's claim for damages, i.a. a compensation for pain, directed action was successful. According to the 12th Civil Senate of the Higher Regional Court of Hamm, the defendant withdrew his appeal against the first instance judgment. He owes the plaintiff thereby the compensation money i.H.v. 750 EUR as well as compensation for further damages which may arise for the plaintiff from the removal of the tattoo.
According to the 12th Civil Senate, the piercing of the tattoo was a bodily injury which, in the present case, was not justified by the consent of the plaintiff. The plaintiff had agreed only with a technically and artistically faultless tattoo, which had complied with the previously approved sketch. Such a defendant had not executed. The plaintiff could have the tattoo removed by means of a laser treatment, which causes further costs in the current not foreseeable amount. These costs must also be borne by the defendant.
On a subsequent improvement by the defendant, who had offered to remove the offending sites by a commissioned by him laser treatment and then tattooing himself again, the plaintiff did not have to get involved in the present case. Such a reworking is not to be expected, further work of the defendant she would not have to trust in view of the extent of the defects and the necessary rework. Since it involves work, the toleration associated with physical pain and the - poorly executed - could cause adverse health effects, the customer's confidence in the performance of the tattoo artist is of particular importance.