Can I sue a company because a component of their product caused me injury?

Asked over 1 year ago - Sacramento, CA

I dropped an iphone on the floor. The screen got broken and when I picked it up a piece of glass got into my skin. I didn;t notice it until a couple of days later when my finger started to get swollen. I had to go to the clinic and let the doctor take it off. I have the doctor's report with me.

Attorney answers (8)

  1. David Ian Schoen

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . Seems like a liability stretch and the damages do not seem to warrant the expense of trying to succeed at such a lawsuit which would probably require an expert. You can consult with a local personal injury attorney but I doubt an experience one would consider accepting this case on the facts you present.

  2. Merry Melinda Fountain

    Pro

    Contributor Level 15

    10

    Lawyers agree

    Answered . I agree with Attorney Schoen. In order to have a settlement there would need to proof that something was wrong with the screen - defective design or manufacture. Unless there were a recall confirming the screen was defective and broke easily, the expense of hiring an expert to try to prove there was something wrong with the screen would far exceed the damages you have incurred from your injury. That being said, most personal injury attorneys offer free consultations and there are several listed on this web site in Sacramento. You could call for a consultation.

    Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal... more
  3. Andrew Daniel Myers

    Contributor Level 20

    9

    Lawyers agree

    Answered . No. No case here. The screen didn't "get broken." You dropped the phone, which has a glass screen, on the floor and in picking it up failed to excercise due care and caused an injury to yourself. Not the manufacturer's liability. If you spent the $100 for the warranty, call and you'll get a new phone. Here's what is required in a products liability case: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  4. Hadi Edward Ramsey

    Contributor Level 13

    5

    Lawyers agree

    Answered . It's a good law school exam fact pattern; but I doubt you'll be able to obtain representation by a respectful attorney. But, feel free to take a bite out of that Apple! Good luck.

    ATTORNEY DISCLAIMER TO THE ABOVE ANSWER: The information that I have provided to you is for general information... more
  5. Manuel Alzamora Juarez

    Contributor Level 20

    5

    Lawyers agree

    Answered . I do not see product liability. You dropped the phone and glass normally breaks. Be more careful next time. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . No, but I like the way you think.

  7. Robert Joseph Kaiser

    Contributor Level 8

    3

    Lawyers agree

    Answered . Most anybody can sue. However, that doesn't mean your going to prevail. On the facts of your case, I don't see a product liability case. Your injury was the result of you dropping your phone and breaking the glass. Generally speaking a product liability case has to be based on a theory of negligent design or negligent manufacture of the product. Apple is not likely to be found liable on either or these theories in your case where the glass broke when the phone was dropped.

  8. Tatiana Kadetskaya

    Contributor Level 19

    4

    Lawyers agree

    Answered . That would be a stretch. I think my Apple stock is safe.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,224 answers this week

2,749 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,224 answers this week

2,749 attorneys answering