Legal Question in Civil Litigation in Texas

Re: photgrapher wants money for damage done to is harddrive due to the weather

I don't see how you are financially responsible for damage to his eqpt. based upon what you said. Send him a cert. letter damding your pictures.

Re: photgrapher wants money for damage done to is harddrive due to the weather

In my opinion, there are only two theories under which the photographer might conceivably a valid claim:

1. If the contract between you and the photagrapher contained a provision stating that you would bear the risk of damage to his equipment due to weather incidents, or some similar clause, he might have a claim based on the contract. (I've never heard of such a contract provision, but I suppose it's possible.)

2. If you were in some way negligent in allowing damage to occur, there may be an argument for holding you liable in tort, though I can't think of what duty you would have with respect to controlling weather-related damage. Maybe if you knew the wiring or fuses (or something like that) was somehow defective in your residence (if that's where the festivities were held), AND your failure to alert the photographer to the deficiency caused the damage, then it could possibly be argued that you were "negligent" and, therefore, liable.

My guess is that neither of the above possibilities applies and that, as you have surmised, the photographer is simply trying to get more money, or perhaps trying to get you to pay for damage caused by HIS negligence.

Bottom line: Ask the photographer to specify the basis on which he believes that you are liable for his damages. If he goes to court, the burden will be on him to prove (1) the theory under which you should be held liable for the damage, and (2) the amount of the damages. He would definitely have an uphill battle, in my opinion, because since he is an "expert" in the handling of his equipment, and precautions needed, the default rule is the "expert" bears such risks of loss, especially losses caused by acts of God. Good luck.