I shot a luxury listing. The agent said the footage was “shaky” and had “bad lighting.” She refused to pay my $500 invoice and demanded I cover the cost of the other videographers she had to hire last minute ($1,000). Now she’s threatening to sue me for “Breach of Contract.”
Key Takeaways
- General Liability is for Damage: GL covers if you break the house. It does not cover if you film the house poorly.
- Professional Liability (E&O): You need Errors & Omissions insurance. This covers claims that your service failed to meet professional standards or contract requirements.
- “Subjectivity” Defense: E&O defends you against subjective claims (“I don’t like it”) by paying for a lawyer to prove you met industry standards.
- Contract Clauses: Your contract should state: “Client accepts footage ‘as-is’ regarding artistic style.” Insurance relies on your contract.
The “Why” (The Trap): “Financial Loss” vs “Property Damage”
The agent didn’t suffer Property Damage (broken window).
She suffered Financial Loss (cost of new videographer).
GL excludes financial loss arising from professional services.
Only E&O covers this. Most drone pilots skip E&O to save money.
The Investigation: “I Called Them”
I looked for coverage for “Bad Footage.”
1. Drone Liability App
- Verdict: Liability only. No coverage for contract disputes.
2. Photographer’s Package (Hill & Usher)
- Verdict: Includes E&O.
- Outcome: The insurer would negotiate. Likely they would advise walking away from the $500 invoice to settle, or pay the $1,000 to the agent to make it go away (after deductible).
Comparison Table: Disputed Work
| Claim | General Liability | Errors & Omissions |
| Crashed into Roof | Covered | No |
| Footage is “Ugly” | Denied | Defended |
| Lost the Files | Denied | Covered |
| Missed the Deadline | Denied | Covered |
Step-by-Step Action Plan
- Contract First: Never fly without a signed contract. Include a “Force Majeure” clause (weather) and “Artistic Release.”
- Watermark Deliverables: Don’t send high-res footage until paid. Send watermarked previews.
- Buy E&O: If you do high-stakes shoots (weddings, commercial sets), add E&O. It’s about
300−300−500/year. - Re-Edit Offer: Offer to re-grade or stabilize the footage. Showing effort helps your legal defense.
FAQ
Q: Can I sue her for the $500?
A: Yes, small claims court. But insurance won’t pay your legal fees to sue her.
Q: Does “shaky footage” count as negligence?
A: If it’s unusable due to pilot error, yes. E&O covers negligence.
[IMAGE: Screenshot of a contract clause: “Client acknowledges artistic discretion of the Pilot.”]