What rights do I haveif my cell phone burned me?

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What rights do I haveif my cell phone burned me?

I been having problems with this phone. My first phone was overheating, then my screen went black. I told the cell phone provider and manufacturer about it being hot before. I have e-mails. My new phone got hot to the point that it burned me. I e-mailed the manufacturer and told them what happened; I sent in pictures. It seem as though they worry more about getting the phone back then helping me with this issue.

Asked on November 12, 2011 under Personal Injury, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the phone was defective (either manufactured or designed badly), you may be entitled to--

1) Replacement of the phone and/or return of the cost(s) incurred on it.

2) Medical costs, if you incurred any out-of-pocket medical expenses in conjunction with the injury.

3) For serious burns that cause disfigurement, some disability (even temporary, etc.), or long last significant pain, possibly some amount for pain and suffering.

4) Lost wages, if you missed work.

5) Other out of pocket costs (e.g. shipping or postage) in conjuction with the phone.

The problem is, if the manufacturer will voluntarily offer you something, you'd need to sue to seek compensation. If you were lucky enough to not have been significantly injured, it is doubtful you could recover enough to make the lawsuit worthwhile.


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