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Body piercing compensation claims
If a botched body piercing has caused an injury or illness, you could be eligible to make a body piercing compensation claim.
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Body Piercing Compensation Claims
Body piercing has grown in popularity and is generally a safe procedure. However, poor hygiene, inadequate training or negligence during the procedure can lead to physical and emotional harm. In such cases, you may be able to make a body piercing compensation claim against the person or company responsible.
If you have suffered an infection, scarring, nerve damage, or other injuries as a result of a botched piercing, our team of solicitors are here to help. They can help you cover your medical treatment, loss of earnings, and the pain and suffering caused by the negligence.
To find out if you have a valid compensation claim, call us on 0800 470 0474 today or use our online claim form to request a call back.
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Table of Contents
Am I eligible to make a body piercing claim?
If you suffered complications after a body piercing, you might wonder if you can start a personal injury claim.
Our friendly legal advisers would be happy to offer you a free consultation over the phone to discuss your eligibility. As a general rule, you can make a claim if:
- A body piercer owed you a duty of care.
- They breached this duty and carried out the piercing in a negligent manner.
- You suffered avoidable harm as a result, such as an infection, allergic reaction, or permanent scarring.
- The injury happened within the claim limitation period, which is usually three years.
If these can be established, you will be paired with an experienced personal injury solicitor who will guide you through each step of the claims process.
What are the most common types of body piercings?
Some of the most common types of body piercing include ear piercing, nose piercing, tongue piercing and eyebrow piercing. However, various other types of piercings are becoming increasingly popular, including:
- Belly button piercings
- Nipple piercings
- Intimate piercings
- Surface piercings
Each type of piercing carries specific risks, particularly if not performed by a trained professional or if proper aftercare is not followed.
What can go wrong with body piercings?
While most body piercings heal without any issues, several complications can arise if the proper standard of care is not followed. These include:
Infections
Infections are among the most common complications, often resulting from poor hygiene, contaminated equipment, or inadequate aftercare advice.
Infections can cause pain, swelling, and pus, and in severe cases, may require antibiotics, drainage, and even hospitalisation.
Allergic reactions
Some people can have reactions to the metal used for their piercing, such as nickel. This can cause itching, redness, swelling, a rash or blistering. In severe cases, this may lead to anaphylaxis.
Nerve damage
Incorrect piercing placement can lead to numbness, altered sensation, or loss of feeling in the surrounding area. This is particularly risky in areas such as the ear, tongue or face.
Excessive bleeding
While some bleeding is normal with piercings, excessive or prolonged bleeding can occur if blood vessels are accidentally damaged. This can lead to bruising or a hematoma.
Scarring
Trauma during piercing, infection or improper healing can lead to excessive scarring, including keloid or hypertrophic scars. This can be particularly distressing in visible areas, such as the face.
Transmission of bloodborne illnesses
In very severe cases of negligence involving the use of unsterilised equipment, there is a risk of transmitting severe infections such as hepatitis B, hepatitis C or HIV.
What types of negligence can lead to a body piercing compensation claim?
A body piercing injury compensation claim can stem from various types of negligence, including:
- Using unsterilised piercing equipment or failing to wear gloves.
- Not properly cleaning and disinfecting the piercing area.
- Using the incorrect piercing technique.
- Piercing the wrong area.
- Poor health and safety measures.
- Failing to perform a patch test for allergies.
- Using unsuitable jewellery for the piercing.
- Failing to give clear and adequate aftercare advice.
- Carrying out a piercing on a minor without proper consent.
Any negligent actions from a body piercing studio can form the basis of a compensation claim if they cause harm directly.
Can I still claim compensation if I signed a waiver or consent form?
Yes, absolutely. Signing a waiver does not automatically prevent you from claiming if you have suffered a personal injury due to negligence.
A consent form is used to inform you of the risks associated with body piercing procedures, such as some pain, minor bleeding and a minor risk of infection. It does not give the piercer or salon permission to be negligent or to provide substandard care.
If your injury was caused by negligence, such as using unsterilised equipment or using the incorrect technique, you are entitled to compensation regardless of signing a waiver.
You might also have a claim if you can prove that the procedure was not fully explained to you or you were pressured into signing the waiver.
What evidence do I need to support a body piercing injury claim?
Gathering solid evidence is essential to make a successful body piercing negligence claim. You should aim to collect the following:
- Medical records detailing your diagnosis and treatment.
- A report from an independent medical expert who can confirm the cause of your injuries and provide a prognosis.
- Before and after photographs of the pierced area and the healing process.
- Statements from witnesses who accompanied you during the procedure or saw how it has impacted you.
- A copy of an incident report filed with the shop or salon that did your piercing.
- A copy of the waiver or consent form that you signed before the procedure, if available.
- Any communication you had with the body piercer, such as emails or text messages.
- Financial records that prove related losses, such as receipts and invoices.
Can I sue if a salon has pierced my child without my consent?
Yes. If a salon has pierced a child without your proper consent, an experienced solicitor can help you claim compensation. You can also make a claim on behalf of your child if they were pierced with your consent and suffered a personal injury due to negligence.
Certain piercings, such as nose and ear piercings, can be done on minors with parental consent. However, certain intimate or more complex piercings, such as genital piercings, cannot be done on minors, even with parental consent.
You can read more about claiming compensation for your child here: Child accident claims.
How is compensation calculated for a body piercing injury?
Compensation for a personal injury claim for body piercing is divided into two types of damages:
General damages
This part of the compensation is awarded for the physical pain, discomfort and psychological distress endured due to the negligence. It also accounts for loss of amenity – how your injury has affected your ability to enjoy your everyday life, hobbies and activities.
Factors that influence the compensation award for general damages include:
- The severity and duration of pain
- The extent of scarring or disfigurement
- Whether you also suffered anxiety, depression or other emotional damage
- The impact on daily life
Special damages
These are awarded for financial losses and expenses incurred directly as a result of the negligent piercing. These are supported by evidence such as receipts, invoices and payslips and could include:
- Any income lost from time off work
- Medical expenses such as prescriptions and private treatments
- Travel expenses for going to medical appointments
- Care costs during recovery
- The cost you paid for the negligent piercing
- Counselling and therapy
How much compensation is awarded for botched body piercing?
Based on the guidelines from the Judicial College and our personal injury compensation calculator, you could receive the following compensation for a body piercing gone wrong:
- £2,080 to £4,310 for trivial facial scarring due to infection
- £2,890 to £9,560 for a single noticeable scar or multiple superficial scars on other parts of the body
- £9,560 to £27,740 for disfiguring scars on body parts other than the face
- £11,120 to £36,720 for significant facial scarring that needed plastic surgery
- £21,920 to £59,090 for substantial facial disfigurement and psychological damage
- £36,340 up to £118,790 for severe scarring, with a significant psychological impact
What is the time limit for making a body piercing injury claim?
In most cases, you have three years from the date of the injury or from the date you became aware the injury was caused by negligence to start a claim. This is known as the limitation period.
This is established by the Limitation Act 1980, which also provides the following exceptions:
- For children, the three-year time limit doesn’t begin until their 18th birthday, meaning they can claim up to the age of 21.
- If the injured person lacks mental capacity, there is no time limit for a litigation friend to represent them. The three years only begin if they regain capacity.
It is always best to start the process as early as possible. This will ensure that evidence is more readily available and will help build a strong claim for negligent body piercing.
Can I make a No Win No Fee body piercing claim?
If you are eligible to claim compensation for body piercing negligence, our team of solicitors will represent you on a no win no fee basis. This service means that:
- You won’t have to pay any legal fees to your solicitor at the start of your claim or throughout the claims process.
- If your claim is unsuccessful, you will not have to pay your solicitor anything for their time and work.
- If you are awarded compensation for body piercing injuries, your injury lawyer will deduct a pre-agreed success fee from your settlement. This is a percentage of your general damages and past financial losses, capped at a maximum of 25%.
To find out if you can start a body piercing injury claim, call 0800 470 0474 today for a free case assessment or use our online contact form to request a call back.
