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Is there any legal action I can take against Fuji Film Processing for losing my photos?

I submittted a disposable camera to Walmart's Photo Center in mid-December for developing. They stated they no longer did in-house processing & were forwarding to Fuji for developing. After almost 2 months, Fuji is stating that they cannot locate my photos! These were special moments while visiting my daughter and grandsons!!! These were photos that represented my Christmas with my special little guys, AND included playing outdoors in a first big snowfall of the Christmas season!! I am heartbroken!!!

I find Fuji and Walmart irrresponsible and negligent and will have a problem trusting them again. What can I do?

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Attorney answers (1)

Avvo Pro

Reputation Level 11
Yes--there may be a contract provision that states that they are "not liable for negligence, ect" however, many of these "adhesion contract" provisions have been found to be unenforceable. I would take them to small claims court and sue them for the value of the photos and for non-economic damages up to the maximum amount of the jurisdictional limit under a breach of contract theory AND a conversion theory, as well as a negligence theory. I am not licenced in your jurisdiction so this is meant to be advice under general tort law principals, but I beleive that you have a clear case. Also, the correct defendants would be Walmart as well as Fuji. Walmart was clearly acting as an agent in this matter and cannot "pass the buck".

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