Barzam WTF IV
Ok, fellow bar preppers (and any other law students and lawyers who want to chime in):
It's time to play NAME THOSE TORTS!!
18-year-old Kimberley, a Belgian teenager is suing Romanian tattoo artist Rouslan, claiming he put 53 extra star tattoos on her face after she fell asleep. Kimberley claims she went into Rouslan's shop for three tattoos and ended up with 56. She says, "I closed my eyes and didn’t feel any pain. I fell asleep and was woken up from the pain on my nose when he was busy applying a big star. I am so upset by this I cannot look in the mirror any more." Rouslan claims Vlaeminck was all for the stars, but trouble came when Kimberley’s angry father showed up. Rouslan says, “From that moment it was bad for her. Before she was just doing what she wanted to do.”
Discuss fully all claims and defenses arising from these facts. Assume this happened in a jurisdiction that has adopted the common law definitions of all torts and that pure comparative negligence applies.
Image credit and full story.
GO!
Posts
8 little fish:
Wow. 56 stars...maybe the tattoo artist was inspired by Mike Tyson.
No players??
I has a sad :-(
I can't think of any tort other than battery, which probably means I fail. Defenses would be consent or mistake (maybe there was a language barrier?). I mean, I guess this could be negligence, but I don't really see how, unless the tattoo gun slipped and he splattered a bunch of stars on her face when he wasn't paying attention. Maybe a products liability matter for the tattoo gun manufacturer? Now I'm just making stuff up, which will probably be my bar exam experience anyway. I think there'd be a contract claim here too, but I don't guess that's what the question's asking if the game's Name Those Torts!
Oh, and I want to sue Scary Tattoo Face Guy for Intentional Infliction of Emotional Distress for both being that effin' scary looking, and for causing a situation that lead to a bar exam hypothetical, both of which torts me very much.
However, I think the star constellation tattoo is pretty cool. I wouldn't want it on my face *forever* though. Kid might want to get a job someday, so I hope she wants to work in a night club, a coffee shop, or a planetarium. Next time she should go for some permanent marker tats if she wants ink on her face.
>>I hope she wants to work in a night club, a coffee shop, or a planetarium.
WIN!!!!!
I thought this was some random hypo until I saw the picture...oh my god.
Actually, I saw a woman in Minneapolis a few weeks ago with a shaved head and her entire chin tatted with a tribal-fang pattern. It was awful.
And yes, battery is the only thing I can think of...and intentional infliction of emotional distress?
I was thinking battery (winner) and IIED (probably a loser). Discuss and dismiss assault because she was asleep (no apprehension).
Probably a fun consent/defense discussion to be had here.
Follow up: Girl admits she lied -- she did authorize all 56 stars.
http://www.msnbc.msn.com/id/31400926/ns/world_news-weird_news/?GT1=43001#storyContinued
"He will now require written consent from clients before any procedure, he said."
No doubt.
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