The dealer's liability for damage during an exhibition

01The legal nature of the dealer-artist relationship

When an artist entrusts works to a gallery for exhibition, the legal relationship that forms is a deposit contract within the meaning of Articles 1915 and following of the Civil Code. The depositary — the dealer — is required to care for the deposited property with the same diligence they would apply to their own possessions. If the deposit is remunerated, as is the case when the dealer receives a sales commission, the duty of care is heightened and the dealer can only be exonerated by proving force majeure — an unforeseeable, irresistible and external event.

This duty of care constitutes a reinforced obligation of means. The dealer is not an absolute insurer of the works, but must demonstrate that they took all reasonable precautions to prevent the damage. The absence of adequate security measures, failure to maintain the premises, the use of unqualified staff for installation and de-installation, and the lack of supervision during opening hours all constitute failings that may engage their liability. The burden of proof is reversed: it is for the dealer to prove that they acted with diligence, not for the artist to prove the contrary.

Marian Goodman Gallery and Gagosian are recognised for their rigorous handling and conservation protocols, which serve as benchmarks in the profession. These protocols include systematic condition reports on arrival and departure of works, gloved handling procedures, controlled environmental conditions and ongoing staff training. These standards are not the preserve of major galleries: every gallery, regardless of size, can and should implement procedures adapted to the nature of the works it houses.

02Common causes of damage

Damage in galleries results from varied causes that the dealer must understand in order to prevent them. Inadvertent physical contact is the most frequent: a visitor who touches a painted surface, a child who bumps a plinth, a misplaced invitation card that grazes a work, a handbag that catches a fragile piece. These apparently trivial incidents can cause significant damage to fragile works — a scratch on a lacquered surface, a fingerprint on an unprotected photograph, a chip on a ceramic.

Technical failures constitute a second category of risk. Water leaks, sudden temperature and humidity fluctuations, electrical short circuits, vibrations from building works or street construction: these events fall within the dealer's liability as the premises occupant. A dealer who rents a space with a leaking roof or an outdated electrical system faces aggravated liability if they have not undertaken the necessary remedial work before installing valuable works.

Installation and de-installation represent the critical moments when the risk of damage is highest. Handling heavy or fragile works requires specific skills and appropriate equipment: cotton gloves, padded trolleys, professional fixing tools, secured scaffolding. A dealer who uses untrained staff to hang large-format canvases or move heavy sculptures takes a considerable risk for which they will be held responsible in case of incident. Art registrars, professionals trained in safe handling, bring expertise that significantly reduces the risk of damage and represents an investment far lower than the cost of restoration.

03The insurance obligation

A prudent dealer takes out nail-to-nail insurance covering works from their departure from the artist's studio to their return after the exhibition. This insurance covers the entire cycle: packing, outward transport, temporary storage, installation, exhibition, de-installation, return transport and unpacking. It constitutes the most comprehensive protection, specifically adapted to the risks of gallery activity.

The cost of nail-to-nail insurance depends on the insured value of the works, the exhibition duration, the transport and storage conditions, and the gallery's risk profile. For an exhibition with a total works value of two hundred thousand euros, the annual premium generally falls between one thousand and three thousand euros, a reasonable amount relative to the risk covered. This amount should be budgeted as a non-negotiable operating expense, on a par with rent or lighting.

The dealer must verify that their insurance policy covers the specific risks of their activity: damage by a visitor, theft, fire, water damage, accidental breakage during installation, vandalism. Some standard policies exclude these risks or cover them inadequately, with high excesses or inappropriate indemnity caps. Consulting a broker specialising in art insurance is strongly recommended, as this professional understands the market's specificities and can negotiate terms adapted to each gallery.

04Managing a claim

When damage occurs, the dealer's response in the first hours is decisive for the subsequent process. The first measure is preserving the damaged work: do not attempt to repair it yourself under any circumstances, protect the work from further damage by isolating it if necessary, photograph the damage from all angles in adequate lighting conditions, and precisely note the circumstances of the incident (date, time, witnesses, identified cause).

The insurance declaration must be made within the deadlines specified in the contract, generally within five business days of discovering the damage. The dealer must provide a precise description of the damage, detailed circumstances in which it occurred, photographs of the work before and after the incident, and a restoration cost estimate from an accredited restorer. The condition report completed on the work's arrival is a fundamental document in this procedure, as it establishes the reference state against which the post-incident condition will be compared.

Informing the artist is both a moral and contractual obligation that must not suffer any delay. The artist must be notified immediately and with complete transparency regarding the nature of the damage, the circumstances of the incident and the measures envisaged. Concealing damage or minimising its severity is a serious failing that can permanently destroy the trust between dealer and artist, and exposes the dealer to legal action for breach of their information obligation. Galerie Lelong & Co and Galerie Nathalie Obadia are recognised for the transparency of their communication with artists when incidents occur, a practice that strengthens trust rather than eroding it.

05Restoring damaged works

Restoration of a damaged work must be entrusted to a professional restorer accredited by French museums or holding a recognised qualification. The choice of restorer is generally a joint decision between the dealer, the artist and the insurer. The artist may wish to intervene on their own work or designate a trusted restorer with whom they are accustomed to working, and this wish must be scrupulously respected because the artist remains the work's creator and their view is determinative.

Restoration costs vary considerably depending on the nature of the damage and the work's medium. Restoring a torn canvas can cost between five hundred and five thousand euros depending on the size of the tear and the painting technique. Restoring a damaged sculpture can reach much higher amounts if it requires specialised skills (bronze caster, ceramicist, marble worker, contemporary materials restorer). In all cases, the dealer must obtain a detailed prior estimate and a condition report before and after restoration, documents that will be forwarded to the insurer.

The question of residual depreciation arises when the work, even after expert restoration, has lost part of its market value. Visible damage even after restoration, or simply the existence of a damage history, can significantly reduce the work's resale price on the secondary market. This depreciation is compensable by insurance if the policy provides for it, and the dealer must ensure their coverage explicitly includes this risk of value loss.

06Preventive measures

Prevention is always preferable to crisis management, and a dealer who invests in prevention spares themselves costly situations and deteriorated relationships. The dealer must implement a set of measures designed to reduce the risk of damage. The exhibition space layout must provide sufficient safety distances between works and public circulation areas, stable plinths suited to the weight of the works, lighting positioned to avoid overheating and ultraviolet radiation, and a climate control system adapted to the most sensitive works.

Staff training is a key element of prevention. Every person present in the gallery — director, assistant, intern, reception staff — must know the basic practices for preventing accidents: never touch works without gloves, never place glasses or food near works, never open a window that would expose works to humidity or dust, monitor visitors with children, intervene politely but firmly when a visitor approaches a work too closely. Instructions must be written, displayed and regularly repeated to the entire team.

For galleries on Artedusa, the documentation of works on the platform — high-resolution photographs, condition reports, detailed technical specifications — constitutes a valuable tool in case of damage, as it provides a dated and incontestable reference state that facilitates damage assessment and insurance claim management.