Pictures Are Worth a Thousand Words and Ten Thousand to an Attorney . .

Interesting - The clients usually sign something with the inspectors around here that say all they can sue him for is his inspection fee.

Michael, My inspector does it just like you, close up.  I have had clients bring their own digital camera before but will mention it to everyone from here on out.  Thanks for the post, I will forward to my inspector, who recently joined AR!  Thanks!

It is all about risk management because there is always someone out there waiting to sue!

I have a client investor who owns several properties that we rent and sometimes sell for him, he tells me all the time "He" doesn't like to rent or sell to attorneys because they can sue you for free but it cost you to defend yourself, It's a running joke with us (of course I would never discriminate again anyone) but my client always asks when there's an offer if the buyer is a lawyer?

Michael, I think sometimes it is tricky balancing the risks with actually providing some service.  Almost nothing can protect you from someone that "really" wants to sue you.  I think if you show pictures that show many different defects you better do your best to identify all of the defects in the picture.  I use pictures as "support" for what I am talking about---not as the description itself. Sometimes the risks are worth the end result of actually providing a useful service.

No matter what goes wrong, it's always someone else's fault.  Hmmm, I could have sued my ex-husband for misrepresentation (or exaggeration).  Oh well, that was 25 years ago! 

I agree with Charles. There is always someone out there who wants to sue us (I guess that's why we carry insurance, or have to). But there are a lot of inspectors in my chapter of ASHI who feel the same way you do Michael.

Personally, I like to take a lot of pictures, and try very hard to isolate what I am pointing out. I also have a disclaimer about incidental items in the pictures.

Unfortunately the US is Litigation society. People are allowed to sue anyone for any reason regardless of how frivolous and attorneys will use any and all tactics to win.

Sean Allen

It really seems as if attorneys are going to great lengths to make everyone's life miserable.  Well, there's a new flash, huh?  We should have listened to Shakespeare all those years ago. ha.  Good information buddy. I'll pass it along to my local guy.

Thanks for the great information, I had not really thought about my pictures in terms of what else is in the picture.  I will be watching more carefully.

Michael, good advice. The attorneys at the real estate commission here love photgraphs to help our clients understand the report, but I have seen too many problems occur for inspectors who were so intent on taking a picture that they had not realized that they missed something else (and these were seasoned, good inspectors), but that issue showed up in the background of their photo.

Very interesting Michael.  Very GOOD thoughts too.  I always like your photos and know exactly what you are referring to by reading your post.  Very accurate.  In Florida, by law, the only amount an inspector can be sued for is the cost of the inspection be refunded.

Morning Michael,

Good information! One should remember, attorney's on both sides are paid to win the case for their client. Many victories are made based on 10,000 admissible words.

I put this disclaimer on my picture file pages at the bottom, and also, anywhere in the report where there is a picture.  

 "All Photographs are provided for example only, and any mention of defects may not be all-inclusive. Any defect or damage noted in photographs is intended to add clarity to the report, and /or aid in locating them. All defects should be repaired by the appropriate professional.           Not for third party use."

H.I.S. Home Inspections                                                                                                    Your Home Inspection Specialist

Wow, guess I never really thought too much about the photos I take either. I also like to take a lot of pictures as I think that it adds to the value of the report for the client. Never really thought I needed a disclaimer on there. It's really sad that things have gotten the way they are now. Pretty soon we'll be having disclaimers on every page of the report for one thing or another.

In Washington State, despite what contracts might say, WSDA has made it clear that any licensed structural pest inspector (most of us) can be sued for much higher amounts. They are demanding, on advice of the AG's office, that all such language be removed from contracts regarding any WDO issues. That is why they make all of us, also, have proof of financial responsibility. From what I am told, while such limiting language might discourage a lawsuit, it does not hold water if pursued by an angry client.

Michael, great post!!  The same could go for agents too who take pictures of listings.  I take about 200 or so pictures of a really nice house, then I have to pick 30 for my listing.  It's hard.  But, those pictures could then become part of some lawsuit somewhere down the road. 

Great post. I have done alot of inspections and I do take photos of areas of concern. I believe the best way to avoid being sued is to talk to your clients and explain everything you find during the inspection. If they are at the house I show them what I found and walk them to it, if it is in the attic or crawl space I show it to them on the photo somtimes with the zoom. I believe the best way to avoid all problems is to talk and explain the findings, not just hand the reoprt over and say bye to the client. ( I have heard RE agents tell me that is how some Home Inspectors treated their cleints and nolonger work with them). My company takes the time to explain it to everyone involved in the transaction. After all it is our responsability to the clients in helping them make a decision on the house and to give them the "peace of mind" they desirve. But on the other side of the coin there are some people who want to sue no matter what, the best way to scare them off or look for another target is to build a rapport with them and have them fully understand the report and become aware that you know what you are talking about. It all boils down to taking the time to explain the report and being friendly.

Jeff,  that was very well stated, and one of the basic truths about home inspection that I too, have always believed in. I think sometimes the people that want to sue have either felt cheated in some way, or they just wanted more attention. I always try to answer every question and concern at the home inspection, and I always tell them they cam call me any time afterwards if they need to discuss anything in the report, or about the house. Knock on wood, in 22 years, I have never been sued.

I will also echo Jeff and Kevin's comments. I always go through everything with my client during the inspection, show them the issues, if they don't come with me in the attic, I come down and show them the pictures right there on the spot. Before I leave I make sure they understand everything that just happened over the last 3 hours. I give them a folder with useful home information (as well as some magnets, pens, and business cards). I tell them if they ever have any questions, be it tomorrow or a year from now, do not hesitate to contact me anytime. I always shake their hands and wish them well and then go home and do the report. When I email the report to them, I once again reiterate the fact that they can contact me anytime with any questions, wish them well and thank them for their business.

We all should treat our clients the way that we would like to be treated. Sticking with that mentality will go a long way with your customers satisfaction, and the more likely they will be to return the next time they purchase a home.