If my daughter was pushed into a swimming pool fully clothed and my phone was in her pocket and was destroyed, what right to compensation do I have?

The phone and the charger are a total loss per the phone manufacture and the phone carrier. I lost 1000’s of photos and my personal contacts. I filed a police report. The person’s employer said they would replace the phone but how do you put value on 1000’s of pictures that cannot be replaced. Do I get a new phone or used one?

Asked on March 14, 2014 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, unfortunately, you cannot place any monetary value on the 1,000s of photographs other than the actual cost, if any, to acquire them--which was probably $0. The law does not give compensation for loss of memories, sentimental value, etc. As to the phone: if you were to sue him and win, you'd get the then-current value of the phone that was destroyed, which would likely be less than the replacement value; that's all the law would give you. However, he may voluntarily choose to pay more (i.e. for a new phone).


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