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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 10 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).
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 AttorneyPages.com 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.