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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26099
Experience:  Litigation Attorney
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im a photographer and I had a job to do out of town (the job

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i'm a photographer and I had a job to do out of town (the job was set for 2/26/11). I ordered the things i needed for my shoot on thursday (2/24/11) from ADORAMA.com and had it GUARANTEED for delivery the next day (friday 2/25/11) at the shoot location so i would have it for saturday.
On friday (2/25/11), i got several packages from adorama, but the most important package containing the lens & lights were missing. I tried to call adorama but they were closed (they close at 2pm on fridays). I proceeded to call UPS to see if they had any boxes left that were out for delivery and they informed me that 1 of the packages (the one i needed most) was left by mistake in New Jersey and that it would be "updated and send out to you the next day (saturday 2/26/11). I also emailed customer service at adorama and told them that i urgently needed the other box with my lights or I would not be able to do my job. Adorama didn't write me back, but when i spoke to UPS they assured me that I would get my package on saturday (2/26/11).
Needless to say, I didn't get my package until Monday (2/28/11)! I was out of town to do a job, but because of UPS and Adorma I couldn't do the job. I didn't get paid for the work because i couldn't do the work. I drove all the way to tallahassee, FL for the shoot, and wasted gas and had to go back home to marietta, GA losing the money I spent on gas, the money for the job, and I also lost a client! who want's to work with a photographer that shows up without his materials?? So my name has been tarnished on top of everything else. I spoke with adorama about the situation and they said all they would do is refund me the overnite shipping cost. -But what about the job i lost? what about the client i lost? what about the gas money i wasted?? What about my reputation??? Adorama guaranteed these items and because they failed to make good on that promise, I am now in a bad position. PLEASE TELL ME YOU CAN HELP ME!!!!
Submitted: 3 years ago.
Category: Legal
Expert:  Roger replied 3 years ago.
Hi - my name is XXXXX XXXXX X'X a litigation attorney here to assist you.

You can sue the supplier for breach of contract for failing to deliver the products as agreed. You would have a right to seek any out of pocket expenses and you can even claim the lost profits from the job.

The company is going to claim that you could have gotten the materials from another outfit and had them to do your shoot. Whether this is possible or not is something you'd know more about than me.

This possibility may limit your damages somewhat, but it doesn't prevent you from suing.
Customer: replied 3 years ago.
ok so how do I go about starting this process? I want to take this to the next level and don't really know what to do.
Expert:  Roger replied 3 years ago.
If you're going to sue, I would highly recommend that you hire a local contract law attorney in your area to help you with this. You can search for an attorney by area of practice and location at www.martindale.com.

You also need to get a calculation of what you've lost in expenses, profits, etc.

The company is going to have a lawyer when you sue, so you should have one as well.
Customer: replied 3 years ago.
ok, so in addition to the money i paid in gas, food, and what i would have made for the job, isn't there like money that i could get for losing a client and my company reputation taking a hit? I mean, I had to cancell the shoot because my shipment didn't arrive in the mail. isn't there like a pain and suffering clause in the books somewhere dealing with this? Just curious.
Expert:  Roger replied 3 years ago.
Sure, you can sue for loss of business, but this is a little speculative because it's a tough claim to make that the company was the sole reason that you lost a client - especially if you could have gotten the things you needed somewhere else in time.

If you're going to sue, you might as well ask for everything you can think of. However, these damages are more uncertain and harder to prove than damages from the contract breach.
Customer: replied 3 years ago.
well as stated in my summary, I ordered thursday and had it overnighted for friday & shipped out of town where my shoot location was. by the time I realized that i was missing a box, it was friday eve and my shoot was the very next day. Also, i called UPS to see where the other box was, and they said it was left in behind by mistake, but they would ship it to me overnight and i would have it saturday. I didn't have time to get these materials anywhere else.
FYI the contents ordered were strobe photography lights, umbrella's, sync cords, and a lens. these things aren't sold in stores like best buy and can only be ordered online, so there's no way i could have gotten these things anywhere else, or, even ordered them and had them overnighted again in time for my shoot.
so does that make the claim a bit more concrete? or do you still think they would say I could've gotten my things somewhere else in the time I needed.
Expert:  Roger replied 3 years ago.
That's what I said earlier - you certainly know better than I do about the availability of these things, whether you could find a replacement, etc. The more scarce the item, the better your claim is.

If there was no way to get a replacement in time, your claim is stronger.
Customer: replied 3 years ago.
ok, so last 2 questions:
1st, i'm trying to find 1 of those lawyers that don't charge you a fee if they don't win your case for you....have you heard of or know anyone who operates like this?

and 2nd, how much (figuratively speaking) do you think I could win from a case like this?
Expert:  Roger replied 3 years ago.
These are lawyers that work on a contingency, and there are several out there.

You can seek to recover what you can prove you lost as a result of this. I don't know what that amount is, but you should be able to figure the amount based on your actual losses and expected profit from this job. You could also claim future lost profits, but this is hard to calculate because you can't prove you would have ever done another job for this client or whether you would have done 1000 more shoots.
Roger, Attorney
Category: Legal
Satisfied Customers: 26099
Experience: Litigation Attorney
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