Momentary Comments丨After getting tattoos all over his body, the 17-year-old regretted it
2024-08-14
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An underage apprentice covered in tattoos took the tattoo shop to court, not to ask for wages, but for "past mistakes".
Will he get the compensation he wants? Who will pay for the tattoo removal fee of hundreds of thousands of dollars?
Let’s take a look at today’s “Random Thoughts on Time”.
Red Net Times News reporter Xiao Yinuo Wen Tingting illustration design Zhou Ying intern Xie Feier correspondent Chen Shimin Changsha report
Even long clothes and long pants could not hide the tattoos on his skin. Under the strange looks from people around him, 17-year-old Xiao Tan (pseudonym) felt as if his "body was covered in wounds".
The black tattoos covering his entire back, hands and legs are almost all from the same tattoo studio, and the earliest pattern was even tattooed when he was 15 years old.
Recently, a Red Net reporter learned from the lawyer representing the tattooed teenager that he wanted to remove the tattoo, but "the cost of full-body cleaning is as high as 200,000 or 300,000 yuan," and "the hospital does not recommend cleaning because of the risk of infection."
Prior to this, Xiao Tan had sued the tattoo studio in the Tianxin District People's Court of Changsha, claiming 20,000 yuan in mental damages. The court ruled that the studio should pay Xiao Tan 10,000 yuan based on the degree of fault of each party.
Tattoo shop ordered to pay 10,000 yuan for tattooing a minor
In 2021, 15-year-old Xiao Tan was taken by his friend to a tattoo studio in Changsha to get a tattoo. In March 2022, he came to the tattoo studio again and became an apprentice of the studio.
After that, friends in the studio often used him to "test their skills", and Xiao Tan also tattooed himself. Gradually, a snake was drawn on his left arm, a tiger on his left leg, and patterns all over his back... Xiao Tan's entire body was covered with tattoos.
Soon, Xiao Tan left the studio due to salary issues. As the environment changed, the tattoos that once gave him a sense of identity quickly turned into a "black history."
"My parents didn't know about my tattoos and apprenticeship. When they found out, they didn't allow me to get tattoos anymore." Xiao Tan admitted that now he just wants to wash off his tattoos.
Xiao Tan believes that the tattoo studio violated relevant laws and regulations by tattooing him when he was a minor at the time, which affected his physical and mental health and would have a direct impact on his future employment and prospects.
As the two parties could not reach an agreement on removing the tattoo and compensating for the losses, Xiao Tan filed a lawsuit with the Tianxin District Court, requesting: that the tattoo studio be ordered to bear the cost of removing the tattoo; compensate for mental damages of 20,000 yuan; and bear the litigation costs.
After trial, the court held that Xiao Tan was only about 15 years old when he got his first tattoo and was a person with limited civil capacity. Based on his age, intellectual condition, social experience, etc., he could not judge the damage and impact that the tattoo would bring to his body and personal interests.
On the one hand, the tattoo studio performed large-area tattoos on Xiao Tan while knowing that he was a minor, which was a serious fault and they should bear the corresponding liability for tort damages; on the other hand, Xiao Tan's parents were responsible for neglecting to manage and educate their child, and Xiao Tan himself was also at fault to a certain extent.
As for the removal of tattoo patterns, claims should be made separately after the actual expenses are incurred.
In summary, the court decided that the tattoo studio should pay Xiao Tan 10,000 yuan in mental damage compensation and rejected the plaintiff Xiao Tan's other claims.
Tattooing a minor is illegal and can be reported or prosecuted.
Xiao Tan's story is not an isolated case. In recent years, the phenomenon of minors getting tattoos and the various lawsuits and disputes that have arisen have attracted widespread attention from society.
In June 2022, the "Measures for the Management of Tattoos among Minors" was issued, stipulating that no enterprise, organization or individual may provide tattoo services to minors, or coerce, induce or instigate minors to get tattoos.
In July 2024, the "Several Provisions on the Implementation of the Law of the People's Republic of China on the Protection of Minors" in Hunan Province was officially implemented. Article 16 of the law clarifies the penalty standards for providing tattoos to minors in Hunan Province:
If a tattoo service operator provides tattoo services to minors or coerces, lures, or instigates minors to get tattoos, the market supervision and management, health and other departments shall order it to correct the behavior, give it a warning, and impose a fine of not less than RMB 5,000 but not more than RMB 10,000 in accordance with their respective responsibilities; if it refuses to correct the behavior or causes serious consequences, it shall be ordered to suspend business for rectification and be fined not less than RMB 10,000 but not more than RMB 50,000; if there is illegal income, its illegal income shall be confiscated.
"In other words, anyone who finds that a tattoo parlor is illegally providing tattoo services to minors can file a complaint with the market supervision and management, health and other departments. The parties involved can also take legal action to protect their rights," said Judge Chen Zechun of the Tianxin District Court.
Chen Zechun pointed out that from the perspective of judicial practice, tattooing for minors is generally an invalid civil act and a tort. Minors and their parents can sue the court and claim that the act is invalid (return of the tattoo fee) and tort compensation (tattoo cleaning fees, mental damages, etc.).
Article 19 of the Civil Code of the People's Republic of China states that minors over the age of eight are persons with limited civil capacity, and the civil acts they perform must be agreed to or ratified by their legal representatives.
Article 157 states that after a civil legal act is invalid, revoked or determined to be ineffective, the property obtained by the actor through the act shall be returned; if it cannot be returned or there is no need to return it, compensation shall be made at a discount. The party at fault shall compensate the other party for the losses suffered thereby; if all parties are at fault, they shall each bear corresponding responsibilities.
The judge reminded that tattoos are easy to be infected, difficult to recover, restrict employment, and easy to be labeled. Tattooing minors not only affects their physical and mental health, but may also hinder their education, military service, and employment, and infringe on the minors' rights to health, development, protection, and social participation.
Parents should fulfill their guardianship and education obligations for minors, and schools should also strengthen publicity and education and provide warnings. At the same time, tattoo service providers should strengthen their professional bottom line and take measures such as identity verification to prevent and eliminate the occurrence of tattoo incidents among minors.
