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.
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.
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.
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
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.
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