I received a “Fail” result on my monthly spore test. I realized I had already tattooed 20 people since that test cycle ran. I didn’t know if the machine was broken or if it was a user error. Do I call the clients? Do I call insurance?
Key Takeaways
- Duty to Notify: Ethically and legally, you must notify clients tattooed with potentially unsterile equipment. Failure to do so converts “Negligence” (covered) into “Concealment/Fraud” (excluded).
- “Voluntary Notification” Coverage: Some policies pay for the cost of notifying clients and paying for their precautionary testing (Hep/HIV tests) before they get sick, to prevent lawsuits.
- Equipment Breakdown Insurance: This pays to repair the autoclave. It does not pay for the liability of the bad tattoos.
- The “User Error” Trap: If the autoclave failed because you didn’t clean the filter (maintenance), Equipment Breakdown coverage denies the repair.
The “Why” (The Trap): “Knowledge of Occurrence”
Insurance requires you to report a potential claim as soon as you know about it.
If you get a failed spore test, hide it, and a client gets sick 6 months later, the insurer will deny the claim because you “Failed to Report a Known Occurrence.”
You must put the insurer on notice: “We had a test failure. No injuries reported yet.”
The Investigation: “I Called Them”
I asked about the “Failed Test” fallout.
1. Equipment Repair
- Policy: Equipment Breakdown (Boiler & Machinery).
- Result: Paid for the autoclave repair ($1,500) if it was a mechanical snap. Denied if it was just dirty.
2. Client Testing Costs
- Policy: Medical Payments / Liability.
- Result: Insurer might authorize paying for blood tests for the 20 clients (~$100 each) as a “Loss Mitigation” measure. It’s cheaper than one lawsuit.
Comparison Table: Autoclave Failure
| Expense | Equipment Breakdown Policy | Professional Liability Policy |
| Repairing Autoclave | Yes | No |
| Testing Clients | No | Maybe (Mitigation) |
| Client Lawsuits | No | Yes |
| Business Income (Downtime) | Yes (If breakdown covers it) | No |
Step-by-Step Action Plan
- Stop Tattooing: Immediately switch to disposables or close until a new autoclave passes.
- Contact Agent: “I had a spore test failure. I am re-testing. How do I handle potential client notification?”
- Retest: Run a new test immediately. Sometimes it’s a false positive or user error (loading packet wrong).
- The “Recall” List: Identify exactly which clients were in the window of the failed test. Have their contact info ready.
FAQ
Q: Should I switch to disposables?
A: In 2026, yes. Disposables eliminate the autoclave risk entirely. Insurance carriers prefer disposable-only shops.
Q: Can I blame the spore test company?
A: Rarely. Their liability is limited to the cost of the test ($10).
[IMAGE: Photo of a digital autoclave readout showing an “Error” code.]