Claims for Personal Injury Arising From Body Piercings
Posted on 6th August 2019
As is the case with many young people, having their ears pierced is an exciting step; until they feel the pain for hours later, that is. What they fail to recognise, amidst the excitement, is what safety precautions should be taken when having a procedure, such as a body piercing, carried out.
To become a body piercer, the relevant training course should be undertaken. Practitioners are then required to apply with the local city council for a licence to be registered, and will then be subject to various inspections to ensure all is in order.
Body piercings can cause permanent damage and indentation to the skin, therefore, need to be carried out safely and hygienically. The importance of such matters was addressed in 2003, where new regulations were brought into force on 1st April 2004, within the Local Government Act, 2003. Section 120, together with Schedule 6, of the Local Government Act 2003, are of interest to our Solicitors in Lancaster here. These provisions give specific guidance as to how the conduction cosmetic piercings are to be regulated.
Section 120 of the Act, comes as an amendment to the Local Government (Miscellaneous Provisions) Act, of 1976. The amendments have been brought about to, firstly, provide for new terminology which give simplicity and clarity on piercings. The Act confirms that ‘ear piercings and cosmetic body piercings are to be encompassed within the single term, cosmetic piercing’.
The Act goes on to give certain powers to Local Authorities to enforce rules on how businesses, who carry out body piercing procedures, are to regulated. The regulations state that businesses going about such activity are to register themselves, and their premises. They are also to observe specific guidelines on cleanliness and hygiene in respect of the premises, equipment being used and those who are carrying out the procedures.
Further guidance on body piercings can be found by following the below link, where Public Heath England have published a ‘tool kit’ on what measures should be considered in respect of body piercings. The publication stipulates that businesses are to promote safety and consistency, in order to be considered as carrying out ‘good practice’.
If the piercings are not carried out safely and hygienically, practitioners then run the risk of larger scale issues such as infection and injury. Businesses who conduct the piercings are, therefore, required to provide advice on aftercare of the piercing, to avoid any issues.
In one particular case, such regulations seemingly had not been followed where an ear piercing, carried out on Poppy Bennett age 9, ripped through the young girl’s ear lobe. Poppy had been allowed her ears pierced as a treat, however, it later transpired that the procedure had not been carried out properly, and the results were less than a treat for her. Her ear lobe was damaged and she was being mocked, on the appearance of the same, by her school friends. The young girl is now facing the daunting prospect of cosmetic surgery to rectify the split in her ear lobe, caused by the piercing.
When contacting the business who carried out the piercing, there was a £25.00 refund offered, in addition to £30.00 store credit. With her daughter too embarrassed to leave the house as a result of the incident, Poppy’s mother, Catherine Walsh, was not satisfied with the same. She is now pursuing a claim, on behalf of her daughter, for personal injury in respect of the damage caused by the piercing.
Where regulations are not followed when carrying out body piercings, and other such procedures, as highlighted above injury can unfortunately be the result. Claims for personal injury, and those arising as a result of a body piercing, are what our solicitors in Lancaster specialise in. If you believe you have been subject to such failing, which was not your fault and has resulted in an injury, contact our team of personal injury solicitors today at email@example.com, who will be on hand to assist.
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