Have you ever been sued?

Christie Photo · Mar 20, 2012

It seems every time it's asked, "I'm ready to begin charging for my work... how should I proceed?", the first advice is to draft releases and contracts, hire an attorney, buy insurance, etc.

This got me thinking about my career. I started out at age 16 shooting a job here and there, the occasional wedding, and so on. I worked at two other studios for a total of 6 years before starting my business in '83.

I've never be sued.

In fact, I don't personally know any photographer who has been sued. Am I just lucky?

-Pete

CCericola · Mar 20, 2012

Yes, and it never made it to court because I had a good contract.

cgipson1 · Mar 20, 2012

I know of two others... one a real pro, that was sued in the 80's... and it didn't go anywhere.. thanks to a solid contract.

One other early 90's.. a wannabe pro.. that totally destroyed a wedding shoot. Ended up costing that person about 50k with damages, etc.. and the resulting IRS audit that came about.

Alex_B · Mar 20, 2012

I do not know any photographer who has been sued. There were complaints, yes, but it never went as far as sueing.

tirediron · Mar 20, 2012

No, I haven't, Knock-on-wood (*Ouch!*), and nor do I know anyone who has, at least not first-hand. I think a LOT of people started out the way you did*; my own path has been similar, and to be honest, I rather wish I had someone mentior me in the finer details of business way back when. I think it's even more important these days, since people seem to be getting ever-more litigious day-by-day.

*Of course at that time, there was only one other Dagureotype to compare it to, so you were pretty safe!

Christie Photo · Mar 20, 2012

Details! Please!

Josh220 · Mar 20, 2012

So you have been eating the cost of something that has never paid off in almost 30 years?

Seems like a waste of money IMO... What would be the point for new photographers then? Why not spend a little extra upfront to have a really thorough contract made with the help of a well-established attorney?

I am referring to contracts, insurance, and everything else that is being suggested to people creating the posts you mentioned. Seems like a contract is the only necessary part...

Christie Photo · Mar 20, 2012

tirediron said:
Of course at that time, there was only one other Dagureotype to compare it to, so you were pretty safe!

I was gonna congratulate you for knowing how to spell "Daguerreotype," but...

Oh Well.

Christie Photo · Mar 20, 2012

CCericola said:
Yes, and it never made it to court because I had a good contract.

Not being argumentative... just want to be clear...

So if you didn't go to court, were you actually "sued?"

Thanks.

-Pete

tirediron · Mar 20, 2012

Christie Photo said:
tirediron said:

Of course at that time, there was only one other Dagureotype to compare it to, so you were pretty safe!

Click to expand...

I was gonna congratulate you for knowing how to spell "Daguerreotype," but...

Oh Well.

Oops... :er: That's the way Mr. Gates thinks it should be spelled...

tirediron · Mar 20, 2012

Josh220 said:
...I am referring to contracts, insurance, and everything else that is being suggested to people creating the posts you mentioned. Seems like a contract is the only necessary part...

My house has never burned down, but I spend ~$500/year on home-owner's insurance. I've never had a car accident, but I have insurance on my vehicles...

Bitter Jeweler · Mar 20, 2012

I have not been sued by a customer, but by a former employer.

Something to think about for anyone working for a photographer, and deciding to leave and go out on your own...whether you have a non-compete clause or NOT, they can also try to get you for "trade secrets", or claim you stole "confidential " customer lists. It applies to any business really.

So, yeah. I've lived all my life thinking it was something I would NEVER have to worry about. Guess what. It happens!

I had no non-compete clause of any sort, but that doesn't stop a former employer from trying to sue you.
Cost me $23K. $3K of that was to finally settle out of court, the day of the trial.

I believe being sued is having papers served. Not necessarily that it goes to court.
Somebody serves papers filing suit against you.

12sndsgood · Mar 20, 2012

Josh220 said:
So you have been eating the cost of something that has never paid off in almost 30 years?

Seems like a waste of money IMO... What would be the point for new photographers then? Why not spend a little extra upfront to have a really thorough contract made with the help of a well-established attorney?

I am referring to contracts, insurance, and everything else that is being suggested to people creating the posts you mentioned. Seems like a contract is the only necessary part...

20 years ago people didn't sue like they do today. Now people sue you when your coffee is to hot or you misspell there name. Lets take the above example. One lawsuit over a wedding cost roughly $50k, My insurance for liability i'm being quoted is roughly $300-500 a year. so at that rate (we will use $500) if im in business for the next 30 years im out 15 grand. 15 grand spread out over 30 years seems way cheaper to me then one lawsuit that could cost me $50k

Insurance is no diffrent in this than it is for your car. Do you have car insurance? I have never hit anyone but I sure have it on my car, I have never had an issue with my house but I have it on my house as well.

jake337 · Mar 20, 2012

Classic!

Josh220 · Mar 20, 2012

12sndsgood said:
Josh220 said:

So you have been eating the cost of something that has never paid off in almost 30 years?

Seems like a waste of money IMO... What would be the point for new photographers then? Why not spend a little extra upfront to have a really thorough contract made with the help of a well-established attorney?

I am referring to contracts, insurance, and everything else that is being suggested to people creating the posts you mentioned. Seems like a contract is the only necessary part...

Click to expand...

20 years ago people didn't sue like they do today. Now people sue you when your coffee is to hot or you misspell there name. Lets take the above example. One lawsuit over a wedding cost roughly $50k, My insurance for liability i'm being quoted is roughly $300-500 a year. so at that rate (we will use $500) if im in business for the next 30 years im out 15 grand. 15 grand spread out over 30 years seems way cheaper to me then one lawsuit that could cost me $50k

Insurance is no diffrent in this than it is for your car. Do you have car insurance? I have never hit anyone but I sure have it on my car, I have never had an issue with my house but I have it on my house as well.