Advise Please

Joined
Mar 6, 2006
Messages
642
Location
Brandon, MS
About a month ago I was shooting some PW football in town. During one of the plays, a defensive player speared the QB from the other team, helmet to helmet. The QB was knocked out and was taken to the hospital with a concussion. The father of the QB was outraged and made quite a scene at the game. The QB is fine and played a couple of weeks later.

When the play was over I was chimping and had a perfect shot of the play showing the moment of impact when the defensive player hit the QB. I showed it to a friend that was on the sidelines and then forgot about it.

A couple of days ago the father of the QB emailed me asking for the photo. I guess the friend told him that I had it. I have not responded to the father yet but I have a feeling that he is contemplating some kind of lawsuit against either the city or the other team to cover his medical expenses or to just start some trouble.


Question: Should I give him the photo and get caught up in what could be a nasty situation that may require me to hire a lawyer or just delete the photo and tell him I don't have it. Any advise would be appreciated.

Thanks,
Dennis
 
Joined
Aug 26, 2008
Messages
2,283
Location
NY
I take it you don't have it up for sale on an online gallery? If you do and wants to purchase it, then I wouldn't stop that. I would follow up with the father and say that you'll take a look and see if you still have it, but what did he want it for? Maybe the father is going to advocate a concussion management program or something. You don't really know until you ask. As far as him suing unless the hit could be proven that it was a premeditated malicious act and/or that someone on the field did something wrong after play (medical care wise) I'm not sure what he could be suing for. I'm sure the league has an insurance policy (secondary...kind of like high schools) that he could appeal to.
 
Joined
Oct 4, 2006
Messages
2,125
Location
Chicago, IL
Sports should be left on and managed on the field IMHO. I would tell him I only keep a few pictures from the games I shoot and that one has been deleted. I would see nothing good coming from this.
 
Joined
May 11, 2006
Messages
41,188
just sell it like any other pic

how many other pics have we all shot that could be used in a sililiar manner, who knows and who cares
 
Joined
Sep 21, 2008
Messages
6,374
Location
Alabama
If its for a lawsuit, then lawyers will request it from you. If the father wants to buy it, let him buy it but I wouldn't give it away.

I don't see how you can be a part of this and would a need a lawyer. What would you need one for? The only thing you have is the photo, and even then, photos do not tell the whole story like a video would.

Do whatever you want to with it. You have not done anything wrong and there isn't a criminal case so its not like you are destroying evidence if you decide to delete it. I guess I just don't see the big deal with this.
 
Joined
Nov 3, 2009
Messages
365
Location
Miami, Florida
You should consult a local attorney before you even think about deleting it. Since you know about the potential of legal action, the image could very well be evidence; some courts have imposed monetary sanctions for the willful destruction of evidence. Even if the image is deleted, you still know about the incident and the image, and thus, may end up being a witness and required to testify about what you saw and what was depicted in the image.

If the father wants to buy copies, by all means sell it to him.

If you're going to be a witness in a civil action involving the incident, you're going to be a witness whether you sell him the image or not. If any of the lawyers want a copy of the images, they will probably issue a subpoena requiring you to provide them with copies for use in the case. You may also be required to appear to testify about how the images were created and maintained so as to authenticate the images.
 
Joined
Sep 21, 2008
Messages
6,374
Location
Alabama
I doubt their would be any legal action against deleting an image because there MIGHT be a lawsuit. Once there is a lawsuit and the OP is deemed to have the evidence and it DOES become a legal matter, then there would be.

If there is legal action for deleting something that MIGHT be needed, then we would all be guilty because we all have info that MIGHT be useful in a case. Until the courts and lawyers get involved and there is a direct order to hand over the image, there isn't anything preventing the OP from deleting the file.
 
Links on this page may be to our affiliates. Sales through affiliate links may benefit this site.
Nikon Cafe is a fan site and not associated with Nikon Corporation.
Forum post reactions by Twemoji: https://github.com/twitter/twemoji
Copyright © 2005-2019 Amin Forums, LLC
Top Bottom