(Closed) Do we have a case to sue our photographer? Long….Sorry

posted 7 years ago in Legal
Post # 3
Member
1526 posts
Bumble bee
  • Wedding: March 2012

I’m so sorry this happened to you but I don’t think there is any way to take him to court… even if you had a contract 🙁 I don’t know what else to tell you… you could take bridals with a better photographer to try and get some good photos of you and the hubby. And if he has a business name or facebook business page, etc i would leave bad reviews. Hope you figure out something!

Post # 4
Member
8354 posts
Bumble Beekeeper
  • Wedding: March 2011

Did you get a contract with everything outlined in it that you wanted? If you don’t have a contract, you probably don’t have a case. You could try small claims court because they are a little more lenient, but I am not sure that you would recover much without a contract. I am not a lawyer though, so I could be wrong. I suggest contacting a couple lawyers in your area to see what they say. You should be able to find one that will give you a free or minimal cost consult.

Post # 6
Member
2701 posts
Sugar bee

From the information you gave, I don’t think it’s enough to take him to court. Do you have anything in writing about specific shots that you requested? Unfortunately when it comes to artistic things, what some call art, others call hideous and vice versa. He did what was in his creative ability, and he will testify to that. Unless you have a binding contract that he failed to follow, your case will likely not go in your favor, if it makes it to court.

Post # 8
Member
4804 posts
Honey bee
  • Wedding: August 2012

Sorry I don’t have any legal advice.  But is this guy a professional photographer?  If so, and if you feel like you won’t be able to continue your friendship because of this, maybe you should leave a negative review or two somewhere!

Post # 8
Member
2701 posts
Sugar bee

@xshellx2003: the number one question a judge will ask you is why you didn’t make up your own list. I am not trying to be mean, but think of it from a legal aspect. The judge will see it as you didn’t create a list so it appears you weren’t overly concerned about specific photos. Even if he didn’t follow his own list, I don’t think you will get anything out of it. It costs a few thousand just to take someone to small claims.

Post # 10
Member
1526 posts
Bumble bee
  • Wedding: March 2012

I think if he doesn’t ever get back to you with your photoshopped pics and its in the contract then you might have more of a case… especially if its after the date he said he would get them to you. Again, it all has to be in the contract! Luckily it sounds like it is!

Post # 12
Member
2607 posts
Sugar bee
  • Wedding: May 2009

Sorry, but if he did your engagement shoot and you didn’t like the results, why on earth would you let him shoot your WEDDING?  I think a judge would ask you the same thing, so I really don’t think you have a legal leg to stand on here, (although people have sued and won for some pretty outrageous things).  Especially if what he said is true, or even might be true so that he could claim it in court…he will claim that you were running behind schedule and that he simply did not have time to get all the desired shots done.  And unless he is also a videographer, you probably won’t get anything for your flubbed wedding video either, unfortunately.

This really sucks, and I am sorry you have to deal with this, but I don’t think you have grounds to sue.  

Post # 14
Member
2313 posts
Buzzing bee
  • Wedding: August 2011

I really don’t think you do. For one, he DID deliver a product. There is no way to legally uphold a standard of “This is what I wanted” vs what you got. How could they possibly enforce that? Photography and photography styles are completely subjective. Plus, it is just the nature of weddings that they are busy events and sometimes, a photographer WILL miss a moment. It sounds like your photographer might have missed a lot of them, but he’s not a professional either. He’s a friend with a camera. This sounds like it might have been his first wedding, and IMO, men don’t have as clear an idea of what brides will want photographed as women do. Women photographers intuitively KNOW that a bride is going to want certain moments captured; a man is probably just going to run down a list and try to get the “must haves” which explains why you have 35 cake pictures. 

I think he did the best he knew how to do, and probably realized during the wedding that he was in a little over his head. You DID receive a product which I assume met the stipulations of any contract you might have had, so I’m not sure a judge can hold him legally responsible for not meeting up to any expectations you might have had in your head. A list of pictures you’d like is no guarantee the photographer will be able to GET those pictures and there’s no law requiring him to make sure that every picture on a list gets taken, you know? It’s unfortunate, but lots of people are unhappy with their wedding photography and you just kind of have to make the best out of it that you can and try and find a few good pictures out of what you did get. 

Post # 15
Member
7431 posts
Busy Beekeeper
  • Wedding: October 2009

Let this be a lesson, DON’T hire friends to do this!!! My SIL is a photographer, and I wanted her to do our pics because I like her style and she is very good, but I also wanted her to enjoy her brothers wedding that her entire family (including her kids) were in. I told her this, and she totally understood, and was glad to not have to worry about it. She took a handful of pics anyway, but I never would have dreamed to have any friend be a vendor for my wedding. Actually, I lied. I asked my friends daughter to do our photobooth, and she didn’t.  Thankfully, my BFF grabbed the photogs and told them, so they all brought up the props to the reception and gave them out to people while they were dancing, so we got some great pics with the props that way.

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