What are my rights if 5 years ago I was burned by a cell phone and I now have breast cancer?

At the time that I was burned, I mailed the damage phone back but never took any action. When I mailed back the phone I kept the receipt showing that I mailed the phone and the name of the person whom I spoke to. I never thought I would end up with breast cancer. Do I have any rights after all these years?

Asked on February 6, 2013 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You most likely have no cause of action. To recover money, there must be a causal link between the incident or occurence and the injury; this causal link must be supported by--in cases like this--scientific or medical evidence, accepted by the mainstream scientific/medical community as reasonable, as to how the incident caused the injury. To the best of my knowledge, there is no credible evidence showing a link between being burned, whether by a cell phone or otherwise, and breast cancer; without being able to prove that link, there is no cause of action.

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