School Lost painting

[bummed17]

What is the name of your state (only U.S. law)? Colorado
The School entered my daughters painting in the state art show. The painting was fantastic and there were several people interested in purchasing the painting. I had it scheduled to have it lithographed after the art show and a store was going to sell a set number of reproductions of the art work for us. When it was time to pick up the painting from the school the school could not locate the painting. Their attitude was that this happens every year and other students pick up work that is not theirs etc. There was nothing provided for us to sign prior to the art work being entered into the art show that let us know that they were not liable if the painting was lost or stolen or that there was a possibility that we would never see it again. Had they indicated this up front we never would have let the painting go to the art show. I want this painting back most of all, but if I can no get it back I want the school to have to pay for their carelessness. What can I do?

 

[Zigner]

How do you expect to prove the value of your child's painting?

 

[Silverplum]

What is the name of your state (only U.S. law)? Colorado
The School entered my daughters painting in the state art show. The painting was fantastic and there were several people interested in purchasing the painting. I had it scheduled to have it lithographed after the art show and a store was going to sell a set number of reproductions of the art work for us. When it was time to pick up the painting from the school the school could not locate the painting. Their attitude was that this happens every year and other students pick up work that is not theirs etc. There was nothing provided for us to sign prior to the art work being entered into the art show that let us know that they were not liable if the painting was lost or stolen or that there was a possibility that we would never see it again. Had they indicated this up front we never would have let the painting go to the art show. I want this painting back most of all, but if I can no get it back I want the school to have to pay for their carelessness. What can I do?

Is there a written contract?

 

[bummed17]

Is there a written contract?

A Contract for what? This is more about non disclosure and lack of security on their part. We are not talking about a 5 year old's painting we are talking about an accomplished artist's painting.

 

[Silverplum]

A Contract for what? This is more about non disclosure and lack of security on their part. We are not talking about a 5 year old painting we are talking about an accomplished artist painting.

For what I bolded in your post, thus indicating the issue in which I had interest.

Do you and/or your daughter, who may or may not be a number other than five years old, have a written contract to sell prints of your daughter's painting, which may or may not be a number other than five years old?

 

[Zigner]

A Contract for what? This is more about non disclosure and lack of security on their part. We are not talking about a 5 year old's painting we are talking about an accomplished artist's painting.

Non disclosure? The painting was displayed at an art show...you can't get much more disclosed than that.

And what accomplished artist are we talking about?

 

[Zigner]

For what I bolded in your post, thus indicating the issue in which I had interest.

Do you and/or your daughter, who may or may not be a number other than five years old, have a written contract to sell prints of your daughter's painting, which may or may not be a number other than five years old?

Even if a contract existed, I suspect it was a consignment contract. There is no guarantee that a single painting would have been sold.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Colorado
The School entered my daughters painting in the state art show. The painting was fantastic and there were several people interested in purchasing the painting. I had it scheduled to have it lithographed after the art show and a store was going to sell a set number of reproductions of the art work for us. When it was time to pick up the painting from the school the school could not locate the painting. Their attitude was that this happens every year and other students pick up work that is not theirs etc. There was nothing provided for us to sign prior to the art work being entered into the art show that let us know that they were not liable if the painting was lost or stolen or that there was a possibility that we would never see it again. Had they indicated this up front we never would have let the painting go to the art show. I want this painting back most of all, but if I can no get it back I want the school to have to pay for their carelessness. What can I do?

What is the value of the painting? Seriously...do you have any idea how much the painting could have been/is worth? Take the emotion out of your estimate or assessment...

Did the child paint this in an art class in school? With his/her own supplies or supplies provided in class? Did the school enter other students' artwork in said art show?

Yes, it is incredibly frustrating when the schools lose things! But it happens...

 

[Silverplum]

Even if a contract existed, I suspect it was a consignment contract. There is no guarantee that a single painting would have been sold.

Doesn't make me less interested.

 

[bummed17]

Non disclosure? The painting was displayed at an art show...you can't get much more disclosed than that.

And what accomplished artist are we talking about?

There was no disclosure that they might lose it. No it was not consignment. I wish I could post a picture of this painting here on this sight and you might get an idea of what I am talking about. the painting might be worth if all is said and done from what we estimated that the place was going to pay us about $45 per each lithograph and they were going to sell it for $80 we were going to run about 100 but I would say realistically we were looking at $2,000.

 

[COlandlord]

Might want to check your Student Handbook..ours specifically addresses that the schools are not responsible for lost/stolen items at school and/or events on/or off campus. However, even if you can prove negligence..how do you prove what the monetary loss was? Has she sold her paintings in the past? You can't sue for emotional distress. By the way did your accomplished artist win at the show?

 

[Silverplum]

What is the name of your state (only U.S. law)? Colorado
The School entered my daughters painting in the state art show. The painting was fantastic and there were several people interested in purchasing the painting. I had it scheduled to have it lithographed after the art show and a store was going to sell a set number of reproductions of the art work for us. When it was time to pick up the painting from the school the school could not locate the painting. Their attitude was that this happens every year and other students pick up work that is not theirs etc. There was nothing provided for us to sign prior to the art work being entered into the art show that let us know that they were not liable if the painting was lost or stolen or that there was a possibility that we would never see it again. Had they indicated this up front we never would have let the painting go to the art show. I want this painting back most of all, but if I can no get it back I want the school to have to pay for their carelessness. What can I do?

Please note the bolded: that is the part I am now discussing.

Who brings the artwork to the show? Who displays it? Who is responsible to bring it back?

 

[bummed17]

Please note the bolded: that is the part I am now discussing.

Who brings the artwork to the show? Who displays it? Who is responsible to bring it back?

The School. I have no idea were the art show is held. The school takes it to the art show displays it and then brings it back; puts it in a room until the students pick it up.

 

[Zigner]

There was no disclosure that they might lose it.

Really? You have to be told that things sometimes get lost?

No it was not consignment. I wish I could post a picture of this painting here on this sight and you might get an idea of what I am talking about. the painting might be worth if all is said and done from what we estimated that the place was going to pay us about $45 per each lithograph and they were going to sell it for $80 we were going to run about 100 but I would say realistically we were looking at $2,000.

About $45 each? Did you have a written contract for said purchase? Did you actually produce 100 units? That's a rhetorical question.

 

[Silverplum]

The School. I have no idea were the art show is held. The school takes it to the art show displays it and then brings it back; puts it in a room until the students pick it up.

Then how do other students pick up the artwork that may or may not be theirs?

Your daughter's painting was displayed in an art show -- but you have no idea where the art show is held?