Misrepresenting age to receive services

[TaT2]

A customer asked for a tattoo. In the state of Kentucky, the legal age for receiving a tattoo is 18 years. They said they were 18, and signed a contract that states that they are 18. Turns out they were to be 18 in 6 months, and her mother wants to sue for the cost of the removal of the tattoo, because she was a minor. Does she have a case that will hold up in court? Can we counter-sue for misrepresentation, because she said she was 18? If so, what costs should we try to recover from it, legal fees? State Fines associated with tattooing a minor? She works in a lottery store, and in KY, you have to be 18 to sell lottery, so it was truely believed that she was in fact 18. The owner of the store knows that she, as well as others are not 18, and for that reason can loose his lottery licence, should KY Lottery find out. Should I have him appear in court also? Please help, I don't smoke, but after this I have considered starting :~! Thanks for any help offered. Cillia.

 

[I AM ALWAYS LIABLE]

A customer asked for a tattoo. In the state of Kentucky, the legal age for receiving a tattoo is 18 years. They said they were 18, and signed a contract that states that they are 18. Turns out they were to be 18 in 6 months, and her mother wants to sue for the cost of the removal of the tattoo, because she was a minor. Does she have a case that will hold up in court? Can we counter-sue for misrepresentation, because she said she was 18? If so, what costs should we try to recover from it, legal fees? State Fines associated with tattooing a minor? She works in a lottery store, and in KY, you have to be 18 to sell lottery, so it was truely believed that she was in fact 18. The owner of the store knows that she, as well as others are not 18, and for that reason can loose his lottery licence, should KY Lottery find out. Should I have him appear in court also? Please help, I don't smoke, but after this I have considered starting :~! Thanks for any help offered. Cillia.

My response:

Start smoking.

You're up the creek without a paddle. What you "truly believed" and what you should, and could have, known for a fact, was her correct age. You had a duty, by law, not to "assume" - - but to check all identification. No I.D. ? No tattoo.

And, I don't care if she signed the Declaration of Independance - - it doesn't matter. A minor can "rescind" all contracts not made for necessities of life. Tattoos don't qualify.

It's the same as if you served a minor alcoholic beverages; age is everything. In other words, the burden of compliance with the law is always on your shoulders, and not the minor's.

Momma Bear is going to have your hide.

IAAL

[Edited by I AM ALWAYS LIABLE on 11-30-2000 at 12:09 PM]

 

[HomeGuru]

Now you need your own tattoo saying, "Deep Sh*t"