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Old 10-31-2011, 09:03 PM   #1 (permalink)
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Default Can I sue? Kid Messed Up Brand New 4s.

We recently got hit by a freak snowstorm, and a kid threw a ball of ice at me, thoroughly scratching up my new iPhone's screen. I never said anything to this kid or provoked him in any way, and when I asked why he threw it, he just responded, "You were on your phone and I thought it would be funny!".
So, to what extent can I sue? Is there any way to make him pay for the repair/replacement? (I found out his name and have a witness)
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Old 10-31-2011, 09:26 PM   #2 (permalink)
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Whatever we say, it's irrelevant unless someone here is an actual lawyer willing to give free advice and most of them say not to be taken as actual advice so they can't get sued anyways.

This a forum of developers.

Edit: If you really want to get it fixed, you could try going to the Apple store and explaining what happened. They might replace it for free.
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Old 10-31-2011, 10:10 PM   #3 (permalink)
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Quote:
Originally Posted by jackosx View Post
We recently got hit by a freak snowstorm, and a kid threw a ball of ice at me, thoroughly scratching up my new iPhone's screen. I never said anything to this kid or provoked him in any way, and when I asked why he threw it, he just responded, "You were on your phone and I thought it would be funny!".
So, to what extent can I sue? Is there any way to make him pay for the repair/replacement? (I found out his name and have a witness)
The fact that you are looking to sue a kid over a scratched phone is ridiculous. FYI lawyers are not cheap. Do the math.
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Old 11-01-2011, 01:08 AM   #4 (permalink)
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Funny Story! You got OWNED and so did ya phone hahahahaha.......
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Old 11-01-2011, 02:51 AM   #5 (permalink)
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In my country anything that can be used as a projectile is considered a weapon and can be taken to the police..
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Old 11-01-2011, 03:42 AM   #6 (permalink)
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Not if its melted
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Old 11-01-2011, 04:38 AM   #7 (permalink)
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Not if its melted
LOL +1
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Old 11-01-2011, 05:11 AM   #8 (permalink)
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Quote:
Originally Posted by jackosx View Post
We recently got hit by a freak snowstorm, and a kid threw a ball of ice at me, thoroughly scratching up my new iPhone's screen. I never said anything to this kid or provoked him in any way, and when I asked why he threw it, he just responded, "You were on your phone and I thought it would be funny!".
So, to what extent can I sue? Is there any way to make him pay for the repair/replacement? (I found out his name and have a witness)
You should (if it's safe to do so) tell the police or the kid's parents. He might get punished & at least learn a lesson. They may even give you something to the cost. I once reported a big kid to the police for throwing eggs at my house. They did tell his parents & his dad gave him a hiding which pleased me but would not be the result everyone wished.
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Old 11-01-2011, 05:16 AM   #9 (permalink)
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Quote:
Originally Posted by jackosx View Post
We recently got hit by a freak snowstorm, and a kid threw a ball of ice at me, thoroughly scratching up my new iPhone's screen. I never said anything to this kid or provoked him in any way, and when I asked why he threw it, he just responded, "You were on your phone and I thought it would be funny!".
So, to what extent can I sue? Is there any way to make him pay for the repair/replacement? (I found out his name and have a witness)
Would you rather spend you time to do something great with your life or going after a kid that was playing with snow? :O

I guess deep inside you you know the answer
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Old 11-01-2011, 06:05 AM   #10 (permalink)
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I can't believe that the first port of call is "How do i sue this person"

Phone + Snow + children = bad mix. and if you didn't realise this then its as much your fault as it is his fault.

As much as someone should not be "attacking" others you yourself have to take responsibility for where you are and what you are doing at the time. the best outcome that you should hope for here is to talk to the child's parents and at least make sure that he is reprimanded, at best try to get some compensation off the family. though walking in guns blazing sooting about suing will probably push the parents to defend their child and leave you with nothing other than a broken phone. you could involve the police and have them attend a meeting with you the parents and the child.

A good point from above is that trying to sue will cost you more than you'll get in the end.

this is almost as bad as ordering a hot coffee then suing based on the fact that it burnt you...

Worst case scenario for you: £140 (dunno in dollars) for a replacement at the Apple store. Though i would be interested to know the extent of the damage - is there any lasting water damage to the components? Or does the phone work 100% still? Are there any cracks in the screen or just superficial scratching?
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Old 11-01-2011, 08:12 PM   #11 (permalink)
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I don't plan on suing, I was really just curious if anybody thought I could. Anyway I googled for 5 minutes, as is so commonly suggested here, and discovered I probably could sue him in small claim court and it would only cost me about $75, and you don't need a lawyer. So if this happens to anybody else and they want to seek justice, they probably can.
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Old 11-01-2011, 10:18 PM   #12 (permalink)
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Apply for Judge Judy
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Old 11-01-2011, 10:51 PM   #13 (permalink)
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Apply for Judge Judy
Hahaha!!!
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Old 11-18-2011, 01:24 AM   #14 (permalink)
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Quote:
Originally Posted by jackosx View Post
We recently got hit by a freak snowstorm, and a kid threw a ball of ice at me, thoroughly scratching up my new iPhone's screen. I never said anything to this kid or provoked him in any way, and when I asked why he threw it, he just responded, "You were on your phone and I thought it would be funny!".
So, to what extent can I sue? Is there any way to make him pay for the repair/replacement? (I found out his name and have a witness)
You must live in the U.S. if you're complaining about suing.

In the U.S, you don't sue. You take them to small claims court.
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