Got a question about legality...any laywers out there??

mikmooney · #1 04-02-2009, 11:04 PM

First of all, I don't need people to respond by saying "this is dumb" or "you're an *****," this is simply a question that popped into my mind when my Storm failed me in an emergency.

I, as well as several other members, have had our Storm's fail in an emergency. If the worst-case-scenario were to happen and say someone dies because they couldn't get help fast enoug due to the phone failing, can Verizon be sued for that? I imagine the answer is no and it would be hard to prove but we've seen insane amounts of money awarded out people for far less than that.

zazzified · #2 04-02-2009, 11:09 PM

Well, besides the fact that I'm sure Verizon can't be held responsible because they don't promise you coverage in all areas and they especially don't promise that your phone will always function, it's probably written out specifically somewhere in your contract anyway.

graspDESIGN · #3 04-02-2009, 11:10 PM

Honestly, you can sue anyone for anything.

Huge amounts of money are usually not AWARDED but SETTLED on by large corporations in an effort to not receive bad publicity and press.

To actually win a lawsuit like this the evidence and circumstances would have to be VERY VERY specific toward the fact the the phone would have been the ONLY thing that could have changed the outcome. Since this really isnt anything that can be proved, you would lose. For certain.

The thing to consider though is would a company want to go through with the process of winning the case and risk receiving that much bad publicity? Most of the time they dont and that is where the settlement comes in. Which they then would make you sign a confidentiality agreement of sorts.

jeepguy_1980 · #4 04-02-2009, 11:14 PM

Here is an article discussing a similar situation for LG.

wentouch · #5 04-02-2009, 11:14 PM

This hypothetical would fall under a tort more specifically products liability which requires that there be a defect and that the defect is the causes to the injury or harm. In this case, it must be shown that the harm was either intentional, through negligence, or strict liability in the event that the product is unreasonably dangerous. In negligence, there a breach of duty must be shown.

In other words, no. Verizon can be sued but would likely not be liable since the phone is not the cause of the "emergency." Negligence? Arguable since there could arguably be a breach of duty by failing to properly function which could have prevented further injury or preventable death.

jradaj · #6 04-02-2009, 11:15 PM

You would probably have to show negligence on the part of Verizon (or RIM, depending on the specific issue), which I don't think you could do, especially since Verizon has no 'guarantee' that their service will work perfectly 100% of the time in any situation. To show negligence, you would have to show that they knew that there was a clear issue with phone failure, and willfully ignored it, which would require some sort of internal documentation.

I'd also bet that there are some provisions in the contract stipulating that they assume no liability or make guarantees of service in emergency situations. If for some reason the case actually made it to court, I'm sure they (Verizon/RIM) would make the point that any and all warranties and guarantees would be voided if you installed any unauthorized software, as this could affect the phone in ways that could not be anticipated by the phone manufacturer or service provider.

At best, you could potentially force a recall for the product, but without being able to show negligence on the part of Verizon/RIM, there's not really any grounds for a suit.

mikmooney · #7 04-02-2009, 11:32 PM

Quote:

Originally Posted by jeepguy_1980

Here is an article discussing a similar situation for LG.

Wow, very interesting, I consider myself to be "in the know" but I hadn't seen that before! Honestly, I'm not a fan of frivelous lawsuits but man, I was mad as **** when I reach to dial 911 and my phone randomly reboots

Thank you all for your civility and knowledgeable information, I appreciate it!

JRSCCivic98 · #8 04-02-2009, 11:34 PM

I'm suing some people on here for slandering the Storm.

Posted from my CrackBerry at wapforums.crackberry.com

mikmooney · #9 04-02-2009, 11:35 PM

Quote:

Originally Posted by JRSCCivic98

I'm suing some people on here for slandering the Storm.

Posted from my CrackBerry at wapforums.crackberry.com

LOL, the way things go in American courts you would probably win!!!

jtrav66 · #10 04-02-2009, 11:50 PM

Ok say your kid is hurt... You load him up in your brand new hybrid. It won't start! Your child ends up severely scarred for life because of the delay! Is the vehicle manufacturer liable? You can sue for anything, but should you? Let's all think about our responsibility as grown adults to provide for our own safety and security. For instance I understand how this will upset some of you but am I going to sue CB because of it? No

mikmooney · #11 04-02-2009, 11:57 PM

Quote:

Originally Posted by jtrav66

Ok say your kid is hurt... You load him up in your brand new hybrid. It won't start! Your child ends up severely scarred for life because of the delay! Is the vehicle manufacturer liable? Yes you can sue for anything, but should you? Let's all think about our responsibility as grown adults to provide for our own safety and security. For instance I understand how this will upset some of you buy am I going to sue CB because of it? No

Dude, relax, no need to get your panties in a bunch, it was just a simple question. I agree with your reasoning but who would have thought that dying of lung cancer from smoking is worth several BILLION dollars?? I'm not suing VZW, that would never enter my mind. I was reading another member's post that he experienced a random reboot while in a bad neighborhood dealing with some trouble and therefore couldn't dial 911. I know that my opinion doesn't matter in the grand scheme of things but I believe the Storm is a VERY unreliable product and VZW knows it. Therefore, I bet if you paid a lawyer enough he could win lots of money in a settlement if a situation like I posed in the original question happened.

ChuckH0308 · #12 04-03-2009, 12:16 AM

Quote:

Originally Posted by jeepguy_1980

Here is an article discussing a similar situation for LG.

That article links to this article:

My Big iPhone Break-up

So I guess you can take your pick...the phone that could reboot on you or the one that just can't get a signal or keep a call. This is why I stay with Verizon actually for my personal phone (17 years loyal!). I've made emergency calls from places that weren't even remotely close to AT&T service, but where I could get on Verizon. I've reported and followed drunk drivers while talking to dispatchers on Mountain passes. I've even had 3 hour conversations traveling in the middle of nowhere with no disconnects.