QLD Semi Permanent Make-up - Claim for Negligence?

[jenny-betts]

Hi,

I recently had my eyeliner tattooed with cosmetic makeup tattoo. The lady took so long and I thought the work was ok and paid when I left. However, I became unhappy with the result as I noticed it wasn't the same either side and looks really uneven. My right eye got really sore and swollen too later that day.

I contacted the business and they gave me a refund. I'm now looking to get the work corrected and it's going to cost a lot of money to fix. I think they should pay. I said this to the business but they declined, saying the matter is closed as I accepted a refund.

Is this correct or can I carry my complaint on for negligence? I signed a form before we started, too.

 

[Sophea]

Hi Jenny,

I would start by getting a copy of the form that you signed. It may have reduced their liability to the price paid for the service or include other terms regarding their liability.

If a court were to find that they were negligent in some way - your damages would be calculated at the cost of how much it would be, essentially, to put you in the position you would have been in had they not been negligent. Which would basically be the cost of having it rectified by another tattooist.
Whether or not they would be liable to you in negligence, however, would be up to a court to decide.