QUESTION
Can you sue a professional photographer for dissatisfaction of the quality of the session and digital content?
Asked on Jul 12th, 2018 on Contracts - Massachusetts
More details to this question:
We signed a contract and had a portrait session with a photographer and did not received the quality of service as seen in their other clients photographs. The photographer was unprofessional and not focused during the session. The photographer did no work to set up the shots such as but not limited to, positioning the clients postures, tidyness of clothing and hair and unprofessional art direction. The one hour session was done by a so called professional photographer and including digitals cost about 3k and what we received was amateur at best. We have contacted the photographer and it took two attempts and all they said was that we received what we signed up for and that since we already received the product (digital images) that they claimed we cannot sue them. They have since closed their portrait business but still are working in a limited capacity.
1 ANSWER
The answer to "can I sue ..." is always yes. Anybody can sue anybody for anything, although some cases may be dismissed before trial if they are legally defective. I see nothing apparent in your email that indicates that you would not make it to trial. If you received below standard services that would be a breach of contract, and you might be able to get your money back or, if you have received the services and can't return them, the difference in value between what you paid for and what you received. That is assuming that the judge or jury agrees with you that the work was below standard. Also it is not clear who you contracted with. If, for example, you contracted with xyz photography, inc., and xyz photography, inc is now out of business, it is doubtful that you will be able to collect on any judgment you obtain.
Answered on Jul 13th, 2018 at 8:18 AM