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My cell phone broke after only a month with the pictures and videos of my father that passed away. Can I sue Verizon or Motorola

Long Island City, NY |

Verizon told us there is nothing they can do and send us refurbished phone. They want us to return our phone but we are trying on our own to get pictures back. They charged us $500 because we didn't not return our phone back to Verizon and have been harrasing us and treating to disconnect service.

Attorney Answers 3

Posted

I think it almost certain that you have a contract with Verizon that disclaims any liability for consequential damages in the event your phone malfunctions. Somewhere in a pile of paper you probably still have that fine-print contract which very likely binds you and prevents you from recovering for photos you lost. Also obliging you to pay what they charged you if you don't return the phone. See if you can find the contract, get out your magnifying glass, and have a look. Doubtless there is a warranty on the phone too; judging from what you say, they're honoring it.

Not legal advice as I don't practice law in New York or hold New York licensure. Consult New York counsel if you need legal advice. I practice in Vermont ONLY.

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Posted

New York Courts do not take sentimental value into account when awarding damages. I think your best bet is to make every effort you can to recover the photos from the broken phone and then return the phone to Verizon as soon as possible.

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1 comment

Philip Douglas Cave

Philip Douglas Cave

Posted

Did the phone have a "backup" function either in the contract or as part of an app? If so, the documents may be located on the website for the place the phone and contents are backed up to.

Posted

Try to recover the photos, speak with a manager with Verizon to see if they will give you a limited time to return the phone due to the circumstances and request that the $500 fee be reversed.

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