Can I sue a store for giving away my cellphone to someone else?

I went to shop and I dropped my cellphone on the
parking, someone found it and brought it to the
customer service, and the good guy then saw me
and told me he had just brought my cellphone to the
customer service. I then called on my number with a
friend’s cellphone, the employee picked up and I told
her I was coming to take my device back but within 2
Minutes I was there and she said she had already
gave it to someone else. I have everything inside my
device though. My private life is being violated just
because she is incompetent…

Asked on October 11, 2017 under Business Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the store for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable store would have exercised under the same or similar circumstances to prevent foreseeable harm).
You can file your lawsuit in small claims court.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.