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Getting sued?
Here in the U.S. we are a very litigous society. We sue everyone over everything. We have read the papers. As Photographers do you have protection against litigation? I am LLC'd, and I have business and personal liability insurance for $1 million. I also have insurance for my equipment. Some photogs say that they don't need it. What do you think if a model on your shoot gets hit in the face with a strobe and has a scar that ends her career. Do you think he/she might sue you? What happens if that same strobe falls and breaks a glass cabinet on location. How do you pay for that? Models: Have you every asked a photographer if they have insurance? Or what would happen if their was an accident on location? Just some food for thought. I would be interested in how many of you have this type of protection, and your thoughts on the topic. Regards, Mark Jul 11 05 11:10 am Link for me it is simple. I shoot out of my home hence Homeowners insurance covers accidents. I also shoot under the umbrella of a LLC, and that protects me from everything else. Finally, I have no tangible assets can can easily transfer the intangibles into someone else's name so they gets nothing but headaches from me as I flee to someplace more sane :-P Jul 11 05 11:12 am Link I have an Corp as a makeup artist for those same reasons you guys mentioned. It takes away some of the headaches of getting sued. They (whoever) can only sue your corporation and not go after your personal assets. But I think it is always a good idea to have insurance as well. Sometimes, accidents happens. In the cases with makeup, people get allergic (hence: DISCLAIMER FORMS). I think a great contract/disclaimer should prevent all of this if written legally and correctly. What do you think? Jul 11 05 11:16 am Link I have no money hence I do not give a poop. Jul 11 05 11:17 am Link I choose not to live in fear of being sued. Anybody can sue you at any time for anything. In TN all I need is about $70 and I can have you sued by the end of the day. Suing somebody, however, is no guarantee you'll win anything. I have some liability insurance, but no LLC. For what I do there would be no advantage to setting up a separate entity. Furthermore, even if you have an LLC or Corp, if the court finds that the company/corporation is nothing more than your alter ego and an attempt to hide from liability, the court can pierce the corporate veil and access your assets anyway. I don't worry about it too much. It's not as easy to win money in court as everybody thinks it is. Jul 11 05 11:19 am Link Insurance cover - how else can you sleep at night? Lots of different types though: 'Goods in Trust' to cover the items you are shooting while in your care. 'Public Liability' for when you electrocute a client. 'Employer's Liability' for when you drop a light on your assistant. The boundary between the last two gets a little blurred when hiring freelance staff. PL is optional, but EL is a legal requirement - and although many photographers assume that freelance models and MUA are covered by the same PL as covers 'the public' most legal advice (UK) disagrees and as far as insurance goes, treats them as your employees. Jul 11 05 11:33 am Link The first day I opened 19 years ago I had insurance coveraged. I've only had one claim and that was for storm damage to the studio but it is worth it. After this long of dealing with the public, I don't put anything past anyone. I'll pay for the peace of mind. Jul 11 05 12:04 pm Link Simple. I don't have deep pockets. I'd explain that to any lawyer that wanted to sue me, just so that he/she understood that they'd make no money suing me. That would tend to do the trick unless it's a SLAPP lawsuit. Jul 11 05 12:18 pm Link Posted by Ty Simone: Check your homeowners policy very carefully. Most homeowners insurance doesn't cover major problems as a result of doing business in your home. Although the situation that you've mentioned is a very common practice, the statement is probably one that you shouldn't be making public. It's too similar to saying "if I do something wrong, I won't take responsibility". Jul 11 05 01:20 pm Link Posted by LarryB: Unforturnately, you will still have to go to court, hire a lawyer and take time off from work or from you photography. Each of these will seperate you from your money. Jul 11 05 05:12 pm Link I shoot under an LLC. I have a CGL insurance policy, Comprehensive General Liability. I also pay for what amounts to a legal HMO policy with a local firm. I pay a flat fee per document that I need drafted and it covers me if I get sued for all my legal defense costs. Cost oper month for both ends up being about $500. Jul 11 05 05:40 pm Link Posted by markEdwardPhoto: Yup! Then again, if you let a model get hit in the face with your strobe, you should be sued. What happens if that same strobe falls and breaks a glass cabinet on location. How do you pay for that? Then that's on your ass! If the model trips over a cord, then I'm sueing HER! Jul 14 05 05:34 am Link hmmm Jul 14 05 07:33 am Link |
