Forums > General Industry > So how are you protecting yourself ???

Photographer

markEdwardPhoto

Posts: 1398

Trumbull, Connecticut, US

Case 1: Model and photographer are at the photographers house. While shooting the photographer trips and knocks over a strobe and hits the Model in the face. The model get a severe cut on her face which scars her face for good.
Six months later you get a letter from a law firm say that you are being sued for neglegence. The model is sueing for $5 million because you ruined her potential modeling career.

Now what?

Are you LLC'd?  Do you have insurance?

If you don't you, your house and your family are at risk of losing everying you have.

Don't think it can't happen. I will!!! We are a very litigeous society.

Accidents happen all the time. Even if are aquitted in the lawsuit the cost associated with going to court is staggering.

So, how are you protecting yourself?

Models you should ask photographers if they are insured. What protections do you have against accidents on location or at the photographers studio?


M

Jul 25 06 08:58 am Link

Photographer

Rp-photo

Posts: 42711

Houston, Texas, US

markEdwardPhoto wrote:
Case 1: Model and photographer are at the photographers house. While shooting the photographer trips and knocks over a strobe and hits the Model in the face. The model get a severe cut on her face which scars her face for good.
Six months later you get a letter from a law firm say that you are being sued for neglegence. The model is sueing for $5 million because you ruined her potential modeling career.

Now what?

Are you LLC'd?  Do you have insurance?

If you don't you, your house and your family are at risk of losing everying you have.

Don't think it can't happen. I will!!! We are a very litigeous society.

Accidents happen all the time. Even if are aquitted in the lawsuit the cost associated with going to court is staggering.

So, how are you protecting yourself?

Models you should ask photographers if they are insured. What protections do you have against accidents on location or at the photographers studio?


M

Living in Texas helps a lot.

Your primary residence, retirement accounts, and wages are untouchable by creditors, which includes those that sue you. A smart lawyer would realize you might not be worth suing, and go after someone else with deeper pockets.

States differ, but often being "judgement proof" is the best defense against lawsuits, which simply means you aren't worth going after. I believe that LLC's and such play on this by putting funds in accounts that are out of reach of creditors.

Wouldn't having a large liability policy have the effect of making you a bigger target?

Jul 25 06 10:43 am Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

markEdwardPhoto wrote:
So, how are you protecting yourself?

Sand bag on the tripod

Having no real assets

Having a liability wavier signed

Jul 25 06 10:47 am Link

Photographer

Justin Huang

Posts: 1308

Irvine, California, US

u know, they invented photoshop for a reason

Jul 25 06 10:48 am Link

Photographer

oldguysrule

Posts: 6129

rp_photo wrote:
Wouldn't having a large liability policy have the effect of making you a bigger target?

so the assumption is that the injured party is abusing the system by suing?

Jul 25 06 10:53 am Link

Photographer

Rp-photo

Posts: 42711

Houston, Texas, US

oldguysrule wrote:

so the assumption is that the injured party is abusing the system by suing?

Maybe, maybe not.

A slick personal injury attorney could try and find out what the defendent is "good for" and set the suit amount accordingly.

Jul 25 06 10:56 am Link

Photographer

DarioImpiniPhotography

Posts: 8756

Dallas, Texas, US

Dont leave any witnesses.  ;^p

Jul 25 06 10:59 am Link

Photographer

markEdwardPhoto

Posts: 1398

Trumbull, Connecticut, US

Justin Huang wrote:
u know, they invented photoshop for a reason

Unfortunately, photoshop can not protect your home and your bank account. People will sue you given the oppurtunity. Just look in the papers.

M

Jul 25 06 04:27 pm Link

Photographer

MF productions

Posts: 2064

San Jose, California, US

imagine if scarring became all the rage ......

Aug 03 06 11:31 pm Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

tonight at a shoot I was joking with the photographer about having insurance....guess it isn't that funny? whatever, I laughed anyway  smile we were out on his boat and he asked me to stand on the very end of the boat and I thought I might fall and drown. then we were up on some craggy rocks shooting, nearly fell into the abyss and died.

Aug 03 06 11:36 pm Link

Model

e-string

Posts: 24002

Kansas City, Missouri, US

Jessalyn_54 wrote:
tonight at a shoot I was joking with the photographer about having insurance....guess it isn't that funny? whatever, I laughed anyway  smile we were out on his boat and he asked me to stand on the very end of the boat and I thought I might fall and drown. then we were up on some craggy rocks shooting, nearly fell into the abyss and died.

I got hit on the head by a 40 pound rock that fell while I was climbing for a landscape nude shot. I didn't sue. smile

Aug 03 06 11:42 pm Link

Model

_Cinnamon_

Posts: 1697

San Francisco, California, US

e-string wrote:
I got hit on the head by a 40 pound rock that fell while I was climbing for a landscape nude shot. I didn't sue. smile

That's horrifying. I'm so glad you survived.

Aug 03 06 11:44 pm Link

Photographer

ClevelandSlim

Posts: 851

NORTH HOLLYWOOD, California, US

e-string wrote:

I got hit on the head by a 40 pound rock that fell while I was climbing for a landscape nude shot. I didn't sue. smile

hit in the head by a 40 pound rock... you are lucky you can still spell "sue" LOL

Aug 03 06 11:47 pm Link

Model

e-string

Posts: 24002

Kansas City, Missouri, US

_Cinnamon_ wrote:

That's horrifying. I'm so glad you survived.

I get hurt (or at least am put in uncomfortable situations like freezing water) almost every time we shoot.. and yet it's totally worth it! Hard work yields amazing results with someone as talented as he is.

Aug 03 06 11:49 pm Link

Photographer

JM Dean

Posts: 8931

Cary, North Carolina, US

e-string wrote:

I got hit on the head by a 40 pound rock that fell while I was climbing for a landscape nude shot. I didn't sue. smile

When you woke up was the photographer zipping up his pants? smile

Aug 03 06 11:49 pm Link

Model

e-string

Posts: 24002

Kansas City, Missouri, US

ClevelandSlim wrote:

hit in the head by a 40 pound rock... you are lucky you can still spell "sue" LOL

I wanted to get the shot afterwards, and he wouldn't let me. lol

Aug 03 06 11:49 pm Link

Model

e-string

Posts: 24002

Kansas City, Missouri, US

JM Dean wrote:

When you woke up was the photographer zipping up his pants? smile

haha. It fell, he didn't throw it at me. wink  He's a sweetie.

Aug 03 06 11:50 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

My ASMP book of legal forms & releases comes with a liability release I can have a model sign basically limiting my liability (except in cases of things like gross negligence) if she gets hurt.

Aug 03 06 11:50 pm Link

Model

A BRITT PRO-AM

Posts: 7840

CARDIFF BY THE SEA, California, US

Hey Mike!
Since we never signed liability... I think that rattle snake DID get me on our shoot!
yup
errrghhhg
i just noticed a nasty swellingnggggggg
am getting woooozy , , ,

Aug 03 06 11:55 pm Link

Photographer

IrisSwope

Posts: 14857

Dallas, Texas, US

I don't use strobes....
That'll keep me safe, right?

Aug 04 06 12:49 am Link

Photographer

Mortonovich

Posts: 6209

San Diego, California, US

markEdwardPhoto wrote:
So, how are you protecting yourself?
M

I just try and be really, really careful.

That and my entire net worth is a '94 Toyota truck and one Pentax 6x7.

Aug 04 06 12:59 am Link

Photographer

Hydlide Photo

Posts: 14

Maastricht, Limburg, Netherlands

I'm (well, my photo company - relevant to this post) insured for liability (or what's the proper english term).. I think up to 3 million euros

these insurances don't cost much, but are certainly worth it..
it's like fire insurance.. you pay for it, hoping to never use it.. but imagine the other way round..

Aug 04 06 01:28 am Link