Misspelled tattoos are not uncommon. Sadly. And unlike the many
In Canada's National Post yesterday, Armina Ligaya reports on a memorial tattoo gone wrong where a Nova Scotia small claims court ordered a shop to pay almost $9,000 to a client for laser sessions, travel and legal fees, and general damages. This is after the shop offered to cover up the spelling mistake -- which the client refused -- and then paid for eight laser sessions prior to the judgment.
The problem is that the studio stopped paying for the laser sessions, which is what sparked the suit. Personally (not in my legal opinion), if a shop is going to make amends for a mistake, it should do so in a clear and organized way, following through on promises, which should be written out and agreed to by the parties. For example, knowing how long and expensive laser removal can be, the studio could have limited its obligation by offering to pay for a set number of sessions -- say 10 to 12 sessions -- or until a certain percentage of the ink is gone. Then they could have had the client agree not pursue further action against the shop after those sessions. Everybody signs. Everybody knows what to expect. And hopefully, everybody abides by the agreement.
The client, who had the opportunity to review the lettering before it was tattooed, should also burden some responsibility, and maybe that's what the studio was thinking when they stopped paying. In fact, the article cites another Nova Scotia case where a judge ruled that a client with a misspelled tattoo was "the author of her own misfortune" when she reviewed the design on a computer design and stencil, and did not pick up the mistake.
But not returning the client's phone calls, as alleged, is not the right way to do business. People sue when they are unhappy and feel they're being mistreated. So many law suits can be avoided by better handling of client issues ... and of course, spell check.