If the web designer was working for you (an employee), you are responsible for the violation. If the designer was an independent contractor, either the designer or you both may be liable (depending on what the contract between you says). The degree of liability may also depend on how the photo was used on the site and how much of the original work the photo was part of ended up on your site. Check first to see if the photo is still protected by copyright and make sure that the person claiming ownership actually does own it or have a copyright license to use it.
Answered on Apr 01st, 2013 at 8:18 PM