Legal Question in Product Liability in Pennsylvania

Receiving pictures taken of my son that were not asked for.

My son is in elementary school and they have their school picture taken in the beginning of the year. I pay in advance and tell them what package I want. In the middle of the year, another company takes the children's pictures without parental consent, sends the package home with the child and instructions to pick the photos wanted and pay for them. If none are wanted, we are to send the package back to the school by a certain date. Is this legal? Do I have the right to keep the pictures, being I never asked for them to be taken, or sent home? If I don't send the pictures back, does LifeTouch have the right to sue me?

Thank you,


Asked on 3/31/04, 7:07 pm

1 Answer from Attorneys

Re: Receiving pictures taken of my son that were not asked for.

The company is sending the photos home for your inspection and decision whether to buy--there is a certain amount of trust in your good faith involved. I suppose the company undertakes the expense of producing the photos with the thought that you will be more likely to buy the photos if they are good ones of your child.

If you want to buy the product, do so; if not, give it back. Why would you want to teach your child a negative lesson by acting in bad faith?

Can the company sue you if you abscond with the photos? Sure. Will they? Maybe it is not worth the expense to the company, but if you do keep the photos without paying, you have a bigger problem than getting sued for $50, and a lawyer cannot help you with that.

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Answered on 4/01/04, 8:59 am


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