Please advise on the following issue.... Although 18+ years, my son has a form of Haemophilia and when I found out that he had gotten a small Tattoo -I was horrified and notified all of the Tattoo Parlors which I could find locally, (in writing) of his condition.
A few weeks later, my Son came back with an 'arm-length' tattoo which was done by one of the Parlors I had notified (he had falsely signed the waiver saying he had no health conditions).
When I followed this up, I did receive a response from the Tattoo Parlour whom I had previously advised of my Son's condition (and who performed this procedure anyway) however, their response in my view was more of an 'admonition' to me for not having a better communication level with my Son - INSTEAD OF being in the least bit concerned that they had been fully on notice that he had this possibly Life threatening condition.
They seemed to feel that they had an 'out' simply because my son was 'of-age' and falsely signed a Waiver form for the procedure - even though they had been notified otherwise.
Their attitude in my opinion was 'cavalier' to say the least.
As we know, teenagers tend to defy Authority and want to be accepted by their peers (my son being no exception to the rule despite the possible danger to his health) and indeed, - provided that it had been cleared by a Doctor, I would not necessarily have objected to him having a tattoo (regardless of my own ambivolence regarding these adornments).
I do not feel that my relationship/communication level is really the point here (although it is normally Excellent).
In my opinion (and I am sure legally ?), the Company is vicariously Liable for the actions of it's Employees given that they knew or should have known or should have been all appraised by Management of my Son's condition - and as such could have challenged him prior to continuing with the procedure.
Their action was negligent in that they chose not to heed the notification of my Son's condition or they simply chose to ignore it.
Could anyone advise if there is a requirement in these Tattoo Establishments to have some form of Policy and Procedures in place for such cases which cover instances that their simplistic 'waiver forms' do not cover. (Whether it requires making announcements at Staff Meetings/ Placement on Each Tattoo Station Notice Board or mirror/NewsLetter or Staff Memo) etc.
My Son's Uncle almost died of a simple Dental Procedure whilst suffering from the same condition as my Son and it is only through the grace of God that my Son has been spared any ill-effects this time . Given his past History of non-stop Nosebleeds etc (which have required several visits to Emergency) he may not be so lucky with a Tattoo on another part of his body and then, it would be my intention to take legal action for Negligence.
If my son died as a result of this procedure - would the Tattoo parlor not be liable in Negligence (despite the fact that my Son was of age), given that they were on full notice (and indeed acknolwedged receipt of such notification) prior to doing the procedure ?