Marietta, GA asked in Contracts, Products Liability, Intellectual Property and Small Claims for Georgia

Q: Some of my art was in a gallery, only to later find out the owner's bf destroyed it in a fit of rage. Is she liable?

I entered my art in the gallery nearly a year ago, and while there was no written contract, there was a verbal agreement that 100% of the profit would go to me. (I do have proof of her telling me this several times)

She and her then Boyfriend apparently got into a fight (the gallery was where she was also living at the time) and my art was destroyed in the process. She neglected to tell me until I found out she was moving across state several months after the fact. Is she liable for that art? She threatened to "make me pay" if I seek legal action and that she /might/ reimburse me if I "start being a good sport". And I have proof of all of this. I honestly think that the pieces in question weren't actually destroyed, but rather sold and I was never informed, but unfortunately I do not have any proof to back that theory up. What can I do?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

A: Usually the Gallery owner is,unless she had you sign some form of release.

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