[Prashil]

I was at a applebee's restaruant and the waitress spilled an entire tray of water on my 9550. I took out the battery and took it to the bathroom to try and dry it with the hand dryer. The manager came later to take a look at it and it wasn't responding to touch very well. He told me to go buy another one and he would take care of it. A few days later it just completley stopped turning on, so I bought another one for almost 600 bucks out of contract. Faxed over the receipts to them and they thought it was too expensive. Now they are only going to offer me $300 because they say I should have never had my phone out on the table in the first place. I dont know if I should accept the money or take them to small claims court. what would you do?

[greydarrah]

If you don't have a lawyer that can write them a letter, I'd write my own to the manager and send a copy to his boss, probably a regional or district manager. There is no reason for you not to have your phone on the table and it's totally their fault. I think the letter will get you paid without the hassle of going to court. A letter from a law firm (but don't fake your own) would work best.

If you write your own letter, tell them that you'll be happy to get your lawyer involved, but that will just add to the bill.

[Prashil]

If you don't have a lawyer that can write them a letter, I'd write my own to the manager and send a copy to his boss, probably a regional or district manager. There is no reason for you not to have your phone on the table and it's totally their fault. I think the letter will get you paid without the hassle of going to court. A letter from a law firm (but don't fake your own) would work best.

I dont have a lawyer. I talked to the regional manager too and he's the one being a hard@ss. Told me that the franchise owners didnt want to pay anything and he is being generous by giving me the $300. It sucks cause if I wanna take them to small claims court, I'm going to have to file it in their county which is about 2 hours away. I was thinking about accepting the $300 and then going after them for the rest of the money.

[FuzzyB]

If you don't have a lawyer that can write them a letter, I'd write my own to the manager and send a copy to his boss, probably a regional or district manager. There is no reason for you not to have your phone on the table and it's totally their fault. I think the letter will get you paid without the hassle of going to court. A letter from a law firm (but don't fake your own) would work best.

I concur with this...but I think before I would get a lawyer involved I would try to go above the managers head. They owe you.

[WhoolioPreludee]

that manager's got some nerve. he|| yes take it up with his superiors. that will teach him a lesson.

[greydarrah]

I dont have a lawyer. I talked to the regional manager too and he's the one being a hard@ss. Told me that the franchise owners didnt want to pay anything and he is being generous by giving me the $300. It sucks cause if I wanna take them to small claims court, I'm going to have to file it in their county which is about 2 hours away. I was thinking about accepting the $300 and then going after them for the rest of the money.

He's just seeing if he can bully you into settling for less. If it was me, I'd find out who his boss is as well as that persons boss and copy them all on the letter. If you accept the $300, the legal world (I'm not a lawyer) might see that as your acceptance of the matter being settled with no options of further payment available. I think if you get 2 or 3 levels of bosses above him and send them all the same letter, I think you'll get paid.

[hydroz_23]

If you have the time for court than go ahead. I would just return the $600 phone and take the money and buy on off ebay. Did your other one have insurance? if so just do a claim and pocket some cash!

[Prashil]

Another thing to consider is that the judge might agree that they are responsible for the true value of the phone. Since the phone wasn't new, that they are only liable to replace it with one that is used. Therefore, they might find prices on ebay and award me the median value of used 9550s.

[Mr. Orange 645]

This is the exact type situation where having Pre-Paid Legal comes in very handy.

Posted from my CrackBerry at wapforums.crackberry.com

[paulwright1]

If you have the time for court than go ahead. I would just return the $600 phone and take the money and buy on off ebay. Did your other one have insurance? if so just do a claim and pocket some cash!

I would go this route if its an option.

[pilsbury]

If you accept the $300, even though its only half, it will be considered as payment in full.

[greydarrah]

Another thing to consider is that the judge might agree that they are responsible for the true value of the phone. Since the phone wasn't new, that they are only liable to replace it with one that is used. Therefore, they might find prices on ebay and award me the median value of used 9550s.

Just do the research on their chain of command and write the letter. I think it they will pay.

+1 on the Pre Paid Legal avenue, but it's too late for this situation.

[hydroz_23]

$300 is much more than you would get from a lot of other companies if anything

[howarmat]

this is why you have insurance! wow

[Masahiro]

The manager said he'd "take care of it" after telling you to buy another one. He can't simply back out of a statement like that.

[wdfly]

File a suit in small claims court. Most likely they will settle or you will win hands down. Do you have a witness to them offering to replace it?

Posted from my CrackBerry at wapforums.crackberry.com

[Prashil]

File a suit in small claims court. Most likely they will settle or you will win hands down. Do you have a witness to them offering to replace it?

Posted from my CrackBerry at wapforums.crackberry.com

my entire family. about 10 people

[Saukrateaz]

I agree, don't take the $300. There are no rules against having your phone on the table, so that excuse is out. They can't offer depreciated value because you could always turn around and say you had data on your phone that was lost due to this and that could be worth more (in the courts eyes) than the $600 you paid for the phone. If you go to court also include data loss in the suit and add for that. That will at least scare them a little more and see 600 as an easy way out.

[sasha#WN]

Wow that really does suck, you can try to go over his head and write the letters not sure how much good that will do you. If going to court you gonna have to consider the phone has depreciated in value so giving you the full price of a new phone is not gonna happen. Not to mention your at a restaurant where food is being served and you have your 600.00 dollar phone on the serving table. The judge may decide to make you both share the responsibility in which case the 300.00 bucks is fair.

[nyc_rock]

Negotiate with the manager. Tell him 450 and you will consider the matter closed.

[Bob61]

this is why you have insurance! wow

Based on my experience, cell phone insurance is a waste of $$. I think back over the years I've owned my cell phones, I'd have been a total fool to take out insurance. With 4 phones in the family, over the past 7 years I'd have spent $2,000 on insurance (at $6/mo). If I have a claim I'd pay another $50-70 deductible. Seems foolish to me....

Knock on wood, ZERO need to replace any phone due to accidental damage or non-covered warranty on any of the phones. I can buy several phones with the amount I've kept in my pocket.

My advice to OP, screw getting a lawyer involved. Problem in our country today is no one wants to admit any fault and jumps to suing someone. Only ones who always win on this it the lawyer. If you went to court you may find the judge finds you partially at fault. Restaurant will probably put up an argument that you can't expect a table top in a restaurant to be totally free from any food drops, spills, etc. Your call if your time is worth the couple hundred dollars difference to take to small claims court.

Try to negotiate with the regional or district manager see if you can get him to increase his settlement. In mean time I'd shop for a good used replacement (check the marketplace) you'll beat the cost of the "new" phone from VZW. Maybe use this as leverage with the manager to ask them to cover the expense to replace with "same condition" used phone. Return phone to VZW in next 30 days for refund.

Also, if this happens again, GET IT IN WRITING at the time the manager makes an offer. And, keep the phone in your pocket in the future

[howarmat]

i only got 1 phone and have been switching at the 1 year mark, so i dont mind paying it really

[joryoung]

They are absolutely to blame their servers aren't supposed to spill water on you're table. If you were at a water park and dropped you're phone in the pool that would be you're fault.

[itsdollar]

Wow that really does suck, you can try to go over his head and write the letters not sure how much good that will do you. If going to court you gonna have to consider the phone has depreciated in value so giving you the full price of a new phone is not gonna happen. Not to mention your at a restaurant where food is being served and you have your 600.00 dollar phone on the serving table. The judge may decide to make you both share the responsibility in which case the 300.00 bucks is fair.

See quotes above. In this case I wouldn't go the lawyer route since you didn't have a new phone and the costs may be more unless you are doing it out of principle. Try to settle with them but get some prices and show them you did some research. Write a letter to the CEO/Regional Manager/ General Manager/Local news also. They don't like bad business.

[irishguy0224]

in the united states a verbal agreement is binding by law. He has to cover the cost by law.