I was doing a standard eyebrow piercing. The client flinched. The needle went slightly deeper than intended. She screamed—not a pain scream, but a “shock” scream. She immediately lost sensation in her forehead. A week later, the numbness hadn’t gone away, and her face was drooping. I received a letter demanding $100,000 for “Trigeminal Nerve Damage.”
Key Takeaways
- This is Bodily Injury (Big Time): Unlike a bad tattoo, nerve damage is a permanent disability. Settlements for facial nerve damage are massive.
- Anatomy Knowledge is Scrutinized: In court, they will ask you to identify the Supraorbital nerve on a diagram. If you can’t, you are painted as incompetent.
- Professional Liability is Mandatory: General Liability (Slip and Fall) will NOT cover this. You need Malpractice insurance that covers the procedure itself.
- The “Flinch” Defense: If the client moved (contributory negligence), your liability is reduced. But you must have witnessed it and documented it immediately.
The “Why” (The Trap): The “Battery” Exclusion
If you perform a piercing you aren’t qualified for, the insurer may classify it as battery—unauthorized physical contact. However, the real trap is often the limit of liability. Many shop policies carry a $1 million aggregate limit but only a $100,000 per-occurrence sub-limit for “Professional Services.” If a nerve-damage judgment is $150,000 and your limit is $100,000, you are personally liable for the remaining $50,000.
The Investigation: “I Called Them”
I checked coverage for nerve damage claims.
1. Marine Agency
- Coverage: Full Professional Liability.
- Defense: They hire lawyers who specialize in body modification injuries. They will argue that risks were disclosed.
2. Cheap General Liability
- Coverage: None. Excluded “Professional Services.”
- Result: You lose your house.
3. Medical Review
- Fact: Nerve damage is rare in eyebrows but possible. It is more common in tongue piercings.
- Defense: “Transient Paresthesia” (temporary numbness) is common. The lawyer will try to delay settlement to see if feeling returns (it often does in 6 months).
Comparison Table: Nerve Damage Risks
| Piercing Location | Nerve Risk Level | Settlement Potential |
| Earlobe | Low | Low |
| Eyebrow | Medium (Supraorbital) | High (Facial Droop) |
| Tongue | High (Lingual Nerve) | Very High (Speech Loss) |
| Lip | Medium | Medium |
Step-by-Step Action Plan
- Incident Report: If a client says “I felt a shock” or loses feeling, stop immediately. Remove the jewelry. Document exactly what happened.
- Follow Up: Text them the next day: “Checking on the sensation.” Save the text. If they say “It’s getting better,” that is evidence against permanent damage.
- Check Your Limits: Ensure your Professional Liability limit is at least $1 Million per occurrence. $100k is not enough for facial paralysis claims.
- Anatomy Refresh: Keep an anatomy chart in your room. It looks professional and proves you study the danger zones.
FAQ
Q: Can I sign a waiver for nerve damage?
A: Yes, your waiver should list “Nerve Damage / Loss of Sensation” as a specific risk. It helps, but it doesn’t stop a lawsuit for gross negligence (e.g., piercing way too deep).
Q: Does the “Client Flinched” excuse work?
A: Yes, if you documented it. “Client moved unexpectedly during needle insertion.”
[IMAGE: Anatomy diagram of the face highlighting the “Danger Zones” for nerves near the eyebrow and lip.]