Q: I am considering filing in small claims court but am not sure if I will be awarded payment. Can you help me?
My artwork was accepted into a gallery show. While it was in the custody of the gallery, a fire occurred and my artwork was destroyed. It had been for sale in the show for around $1500. The gallery owner says I didn't pick it up on the end date of the show and therefore her insurance won't cover it. However, it wasn't clear on the show's entrance description when the date of pick-up (the end date) would be: usually the entrance and pick-up dates are stated as bullets, whereas the pick-up date for this show was embedded in other verbiage. Therefore, I didn't see it and waited to hear from the gallery owner as to when I should pick it up. She did contact me and I arranged to pick it up on a Friday, but the fire occurred the day before. Do I have a case?
A: A Colorado attorney could advise best, but your question remains open for a week. I'm sorry for the destruction of your artwork. If you reached out to attorneys, they would probably tell you that they need to review all the terms and conditions between you and the gallery. Beyond that, it could be difficult to offer a quick and meaningful response to your question of whether you have a case. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
