I hired and paid a wedding photographer for our wedding April 25, 2015. The photographer I booked was unable to make it to the wedding so she contracted and paid her friend to do it. The photos for the wedding were shot in the wrong formatting and cannot be edited. Our arrangement were for the wedding photos- 40 to 50 of them edited and a disc with all of the pics taken and a release. We have the disc with photos, but like I said they cannot be edited. Do I take the original photographer I paid and have proff of payment and contract with or the actual photographer who showed up to take the pictures to court. Also outside of the amount we paid for photography and court cost is there any other things we can go for like emotional damage? The photos are cell phone quality at best because of the format they were shot in. Thanks
1 Answer from Attorneys
Based upon the few facts you provided it sounds like you would go after the photographer that you contracted with. It's called privity. They're might be reasons to also sue the photographer they subcontracted with. You should consult directly with a civil practice attorney, in your area, to find out your options.
Their is not extra damages, beyond, principal, interest and costs in civil suits on contracts. But, if the agreement falls within the consumer protection statutes, their might be. Ask that attorney to evaluate your situation.