It happened in slow motion. The client stood up after a 4-hour session, eyes rolled back, and he face-planted into the tile floor. Blood everywhere. Two front teeth knocked out. He needed emergency dental surgery costing $8,000. He wasn’t suing for the tattoo; he was suing because I “let him fall.”
Key Takeaways
- This is General Liability (GL): Unlike the tattoo work itself, a client falling in your shop is a classic “Slip and Fall” or Premises Liability claim. Your standard shop policy covers this.
- Medical Payments (MedPay): Look for the “Medical Payments” limit on your policy (usually $5,000). This pays out for injuries on your premises without needing to prove you were negligent. It’s “goodwill money” to stop a lawsuit.
- Duty of Care: You have a duty to monitor clients. If you let a pale, shaky client walk away unaccompanied, you are negligent.
- The “Vaso-Vagal” Defense: Fainting is a known biological response. However, the injury from the fall is what matters.
The “Why” (The Trap): “Medical Payments” Limits
The trap is having a low MedPay limit. Most policies default to $1,000 or $5,000 for Medical Payments. Dental work is expensive. If the bill is $8,000 and your MedPay limit is $5,000, the client has to sue you for the remaining $3,000 under the liability portion of the policy. That drags you into a legal battle. Higher MedPay limits ($10,000+) can settle these issues instantly.
The Investigation: “I Called Them”
I compared how carriers handle the “Fainter.”
1. The General Liability Carrier (Hartford)
- Coverage: Bodily Injury.
- Action: They immediately offered the $5,000 MedPay check to the dentist. They negotiated the rest.
- Impact: This is a “frequency” claim but usually doesn’t spike rates as much as a hygiene claim.
2. Professional Liability Carrier
- Action: They denied it. “Falling is not a professional error; it’s a premises issue.” (This shows why you need BOTH policies).
Comparison Table: Fainting Costs
| Coverage Part | Purpose | Limit | Deductible? |
| Medical Payments | Immediate Bills (Teeth/ER) | $5,000 | $0 |
| Bodily Injury Liability | Lawsuit Judgments | $1,000,000 | $0 |
| Professional Liability | Bad Tattoo | N/A | Yes |
Step-by-Step Action Plan
- Update MedPay Limits: Call your agent. Increase “Medical Payments to Others” from $1,000 to $10,000. It costs maybe $20/year extra.
- Snack Station: Providing sugar (candy/soda) is risk management. It prevents fainting.
- The “Seated Wait”: Implement a shop policy: “Client must sit for 5 minutes post-session before standing.” If they violate this and fall, you have a defense (Comparative Negligence).
- Incident Report: Write it down immediately. “Client stood up rapidly against advice.” Time, date, witnesses.
FAQ
Q: Is it my fault if they didn’t eat breakfast?
A: Legally, no. But if they fall in your shop, you are involved. The argument is “You should have asked.”
Q: What if they hit my equipment and broke it?
A: Your “Business Personal Property” insurance covers the broken equipment (subject to deductible).
[IMAGE: A screenshot of an incident report form with fields for “Time of Fall,” “Witnesses,” and “Client Condition Pre-Fall”.]