Legal Question in Consumer Law in New Jersey

Law Suit for Lost Pictures

I brought 2 rolls of film to be developed in a grocery store pic up. Went back 4 days later to pick them up and they only had one roll.

The grocery store said to me they logged both in as they checked back on their log from my ticket stubs.

They called the pick up company and they had no record of the roll logged in on their part, in short they lost them.

Those pictures were of my three girls last dance receital, my mothers and fathers 50th Anniv Party and a concert of a pop rock star which my daughter was devestated they lost.

In short they lost sentimental pics that I will never recover by negligence on the pick up company along with the grocery store. The fault lies with them. Sentimental value is of large worth with me. Question: Can I recover any monetary damage from the company because of the lost film. I want to take this full force but I first need to know the stautue to use as well as if I have a case. My girls will not have another dance recital becuase it was their last year, therefore I will never be able to recapture the pics of that nor my parents party nor the pop star in concert. Again any other roll of film but that one of all films was very important to me. What is my recourse.


Asked on 7/20/05, 10:12 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Law Suit for Lost Pictures

Sorry for your loss, but it is probably a loss. Look at the envelope with which you submitted the film (or an exemplar). My belief is that it would tell you that the developer is only responsible to replace the film that you may have lost. That doesn't replace the information or compensate you for the loss of capturing the moment. There is nothing that can replace that.

I simply suggest to you that the developer has been through this before. There is no value that can be placed on memories.

If you feel vindictive, you can certainly file a suit to try to recover some indeterminate value for your loss. I suggest to you, however, that you will incur more pain than the developer in doing so. As a lawyer, I can tell you "yes" you have a cause of action. As a counsellor at law, I urge you to let it go because the monetary and emotional price will be greater on you that it will on them.

I have another suggestion. It seems to me that the roll of film was somehow disconnected from your identity. There is a good possiblity that they developed and printed it, but don't have any way to send it back because it has been separated from you identity information.

So, call the lab. Insist on talking to the person-in-charge. Explain your situation and be prepared to describe the content of the photos that you have lost. There is at least a fair chance that they are sitting in a "lost client" file.

Hope that helps.

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Answered on 7/21/05, 5:41 am


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