A 14-year-old child spent 200 yuan to tattoo "Guan Gong", and the court: beauty compensation of 2,000 yuan

Nine News

2024-06-09 10:40Posted on the official account of Hubei Wuhan Morning News Jiupai News

On June 9, the Guangdong Provincial High People's Court released a case: a "Guan Gong" tattoo paid 2,000 yuan!

Xu, who was only 14 years old, went to a beauty shop alone and wrote a "Guan Gong" pattern on his calf, spending 200 yuan. After Xu's mother found out, she complained to the local market supervision and administration bureau, and the market supervision bureau went to the store to investigate and collect evidence, and made a "complaint acceptance decision", and organized the two parties to mediate, but to no avail. Xu's mother sued the court on behalf of Xu, requesting that a beauty salon be ordered to refund the tattoo fee and compensate for the corresponding losses.

Photo: Guangdong Provincial High People's Court

The Suixi County People's Court of Zhanjiang City held in the first instance that the evidence provided by Xu was sufficient to determine that a beauty salon provided him with tattoo services. Xu X is a person with limited capacity for civil conduct, and based on his age, intellectual status, social experience, etc., he cannot judge the damage and impact of the tattoo behavior on his body and personality interests, as well as the adverse consequences it produces, and his guardian did not recognize it afterwards, so the tattoo service contract between the two parties should be found to be an invalid contract.

A beauty salon did not place a sign prohibiting minors from tattooing in a conspicuous position in the business premises, nor did it verify Xu's real age, but still carried out large-scale tattooing work for Xu, which was grossly negligent, infringed on Xu's right to body and health, and also caused him certain mental damage, and should bear the corresponding tort liability.

Xu's parents have a duty to support, educate, and protect Xu, and they are also at fault for failing to perform their duties of education, guidance, and protection for Xu. Comprehensively considering the degree of fault of both parties and taking into account the principle of fairness, the first-instance judgment ruled that a beauty shop should return 200 yuan to Xu and compensate 2,000 yuan for spiritual solace. The Zhanjiang Intermediate People's Court upheld the original judgment in the second instance.

Tattooing needs to be carried out by piercing human skin and invading ink, which has the characteristics of being susceptible to infection, difficult to recover, limited employment, and easy to be labeled. Tattooing minors not only affects their physical health, but may also hinder minors from enrolling in school, joining the military, finding employment, and so on, thus infringing on minors' rights to health, development, protection, and social participation. In this case, the beauty salon was judged to bear the main liability for compensation, and the business behavior of the tattoo industry was regulated, so as to promote the society to carry out all-round protection for minors; At the same time, supervise and urge guardians to truly perform their guardianship duties, establish a correct outlook on life and values for minors, and guide social customs to develop in a healthier and more positive direction.

[Source: Guangdong Provincial High People's Court]

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