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.
Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.
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
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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.
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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 Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
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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