Litigating Wedding Photography: Can I Sue My Photographer?

Wedding photographers capture the memories of your special day, but what happens when they don't deliver? In this case, you may be able to sue your wedding photographer for breach of contract, misrepresentation, or misappropriation. Before taking legal action, it's important to understand your rights and the possible outcomes. This includes carefully reviewing any contracts, receipts, and invoices, as well as gathering evidence of communication with the photographer. While it's possible to represent yourself in small claims court, consulting a contracts lawyer can help you navigate the complexities of your specific situation.

Breach of contract

Wedding photographers are often very costly, and as a result, there is a high expectation for them to perform. When hiring a wedding photographer, there is usually a contract involved that outlines the terms of the arrangement. This contract may contain information about what to do if the photographer fails to fulfill their duties.

A breach of contract occurs when one party to a legally valid contract fails to uphold their assigned duties and responsibilities. In the context of wedding photographers, a breach of contract may occur when the photographer:

• Does not provide the promised services or does not deliver the entirety of the promised services
• Provides poor-quality photos
• Withholds or loses photos, resulting in none or very few photos of the event
• Delays the delivery of photos beyond the date specified in the contract
• Arrives late or fails to show up at all
• Cancels at the last minute
• Misuses your photos without authorisation

To establish a breach of contract, you will need to prove the following elements:

• A contract existed, whether oral or written, between you and the photographer
• The contract was breached by the photographer
• Quantifiable damages resulted from the photographer's breach

It is important to note that the contract should contain clear and detailed terms, such as the number of photos provided, the date the photos will be delivered, and the amount of time spent photographing the event. This will help provide your case with as much evidence of a breach as possible.

Additionally, you may want to consider the following before taking legal action:

• Communicate with the photographer or their employer to express your concerns and request a full or partial refund
• Send a demand letter outlining your requests and giving them a chance to respond
• Consult with a skilled contract attorney who can review the contract and determine the best legal course of action

Misrepresentation

To establish misrepresentation, you need to show the following six elements:

• The photographer made a representation.
• The representation was false.
• They knew the representation was false or made the representation recklessly.
• The photographer intended for you to rely on the representation.
• You relied on the representation.
• You suffered damages as a result of relying on the representation.

If you can establish these elements, you may be able to get the contract rescinded and recover your deposit.

Misappropriation

In these cases, the couple can seek the revenue or monetary value of the photographer's use of the image. For example, if the photographer uses the only good photo from your wedding in an advertisement without your permission, you may be able to claim misappropriation.

Before filing a lawsuit, it is important to communicate with the photographer or their employer to try to resolve the issue. Most of the time, they will agree to give a full or partial refund. If this doesn't work, you can send a demand letter requesting a refund and outlining why. If this is also ignored, you can file a lawsuit.

Non-patrimonial damages

In the case of emotional distress caused by the loss of wedding photos, non-patrimonial damages may be awarded to compensate for the pain and suffering endured. However, it is important to note that courts generally do not put themselves in the artist's place to evaluate the quality of the photos. The more successful lawsuits are those where the photographer failed to show up, missed capturing significant moments, or lost photos.

To claim non-patrimonial damages, it is essential to prove that the photographer's actions resulted in quantifiable harm or loss. This can be established through evidence such as witness statements, emails, text messages, and the detailed terms of the contract.

It is worth noting that small claims courts, which typically handle wedding photographer lawsuits, have limits on the amount of damages that can be sought. These limits vary by jurisdiction but generally fall between $1,000 and $5,000.

Before filing a lawsuit, it is recommended to communicate directly with the photographer and attempt to resolve the issue amicably. Sending a demand letter outlining your requests and providing a deadline for response is often a necessary step before taking legal action.

Misuse of pictures

Misappropriation occurs when a photographer uses an image containing the likeness of a person without their authorisation. This type of claim is most often brought by celebrities or those with a 'goodwill' association with their image. However, some states, like New York, have a statute that makes this claim more accessible to the general public. In these cases, the couple can seek the revenue or monetary value of the photographer's use of the image.

Before suing your wedding photographer, it is recommended that you first reach out to them or their employer to communicate the issue. Most of the time, they will agree to give you a full or partial refund. If this doesn't work, you can escalate the problem by sending a demand letter. This letter should outline your requests, such as a refund, and explain why you are making these requests. If the photographer ignores your demand letter, you can then proceed with filing a lawsuit.

Frequently asked questions