Legal Question in Civil Litigation in Connecticut

Photographer lost wedding photos

We signed a contract that states the photographer is not responsible for problems that occur outside his control. He lost our wedding photos because his hard drive crashed and he did not back up our photos on any other media. He did provide us a refund and the actual books to make our own albums. But I was wondering do I have grounds to take him to civil court for more compensation. Because we do not have any of our formal wedding photos, which can never be recovered and the day can never be reenacted. If we can take him to court, how much can we sue him for and can we get him to cover legal fees.


Asked on 1/12/07, 10:46 am

1 Answer from Attorneys
Nicholas Adamucci ADAMUCCI, LLC

Re: Photographer lost wedding photos

First, you may have a breach of contract claim depending on the terms of the contract. An attorney would have to look at this contract. In essence, you contracted with him to take your pictures in exchange for compensation. He cannot provide these pictures so as a result, he did not perform the contract. You may be able to recover for this loss.

Second, you may have a claim for negligence because he did not back up his files or provide other means of preserving your pictures. As a professional photographer he had a duty to act as other photographers in the same field, he failed to do this and as a result you were damaged. The damage being that you can never recover those photos (assuming they are not recoverable from the computer drive) and the pain and suffering caused by his negligence. Simply because he gave you a refund does not absolve him of liabiity.

If you need further assistance then you could contact me at www.findctlawyer.com

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Answered on 1/12/07, 11:24 am


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