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

Answers:

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.


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