09-28-09 03:25 PM
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  1. TwinsX2Dad's Avatar
    I may just go with the refurbed phone. I just want to file a lawsuit aswell.
    I just noticed this.

    In the past 60 years, we've seen the Baby Boomer Generation, Generations X, Y, and possibly P, D & Q.

    Have we fully degraded into the Wahhhhh Generation?

    Posted from my CrackBerry at wapforums.crackberry.com
    09-08-09 07:20 PM
  2. blue_and_bold's Avatar
    Ah this got posted just after I left! What a hilarious situation. You think that you can get what from this lawsuit? A new storm? Go through your 3 replacements just like everyone else and you can get a new phone. For now pull your head out and take the Certified Like New Replacement. People don't take things to other extreme places like Antarctica and then cry Lawsuit when it doesn't work in the extreme conditions. I think this situation is hilarious honestly. Hire a lawyer for several hundred dollars an hour when you aren't even ready to shell out maybe 500$ for a brand new phone? Highly unlikely.
    09-08-09 07:25 PM
  3. Quagmyer's Avatar
    I just noticed this.

    In the past 60 years, we've seen the Baby Boomer Generation, Generations X, Y, and possibly P, D & Q.

    Have we fully degraded into the Wahhhhh Generation?

    Posted from my CrackBerry at wapforums.crackberry.com
    BUT, BUT, THE iNNOCENT SNOWFLAKE CANT BE AT FAULT HERE.....
    09-08-09 07:27 PM
  4. TwinsX2Dad's Avatar
    BUT, BUT, THE iNNOCENT SNOWFLAKE CANT BE AT FAULT HERE.....
    That innocent snowflake has a better chance in Hades that it does in South Central Arizona.

    Posted from my CrackBerry at wapforums.crackberry.com
    09-08-09 08:19 PM
  5. MissJennell#IM's Avatar
    Wow!! People and their stupidity amaze me daily! You actually think that you have a lawsuit here? For what exactly? Just take the refurb like everyone else that has to get a replacement phone. You are not entitled to a new storm because yours doesn't work in extreme heat, which (like said) is stated in the manual. Get your refurb and move on with your life. If you have a life, which if you are suing a company for something that you can't even spell, then you probably don't. I am only 25 and have more common sense than that. Come on man.

    Posted from my CrackBerry at wapforums.crackberry.com
    09-08-09 08:22 PM
  6. cdaiscool's Avatar
    Wow. More drama than a daytime soap opera!

    I LOVE IT!!

    OP: You were asked to duplicate the problem. Please, go to the dollar store and look up some common sense. It's in the 3rd aisle, right across from the elbow grease.

    BTW, I'm running low on spots for my spot welder. Could you get me some?
    09-08-09 08:28 PM
  7. monkeyboi's Avatar
    My steering wheel gets hot in the sun, can I sue?

    Posted from my CrackBerry at wapforums.crackberry.com
    09-08-09 08:43 PM
  8. timmyb457's Avatar
    take the refurb. i never deal with the stores anyway, i usually just call or look on here
    09-08-09 08:48 PM
  9. tsguy52's Avatar
    I had to walk across the parking lot at Wal-Mart and subjected myself to heat exhaustion. Poor me. I'm hiring a lawyer!

    OP: Dude - you have no case and any lawyer you hire is going to rip you off and leave you standing. Accept the fact that the phone does not work well in high temps. You are only subject to a refurb at this point - even though that's not going to solve your problem.

    You had 30 days to return the device. You did not. You did not call for help when you noticed it to not work after 10 min. Really? Do you honestly think that is a normal occurrence? "oh my new $500 phone just stopped working for no reason.. must be designed that way!"

    Your entire post is laughable. From where you work most of the day to not being able to stand outside for 10 min.
    09-08-09 09:00 PM
  10. tsguy52's Avatar
    He then told me that I can go stand outside, and have it mess up, and come straight to him when it does. I told him that it would be a health hazard due to the excessive heat, but then he tries to assure me that I will be fine. I then tell him, that if HE needs to duplicate it, then why doesn't he go outside. He said he couldn't.
    Here is why this will not work:

    Assumption of Risk Under the assumption of risk defense, a defendant can avoid liability for his negligence by establishing that the plaintiff voluntarily consented to encounter a known danger created by the defendant's negligence. Assumption of risk may be express or implied. Under express assumption of risk, persons agree in advance that one person consents to assume the risk of the other's negligence. For example, a skier who purchases a lift ticket at a ski resort usually expressly agrees to assume the risk of any injury that might occur while skiing. Thus, even if the ski resort negligently fails to mark a hazard on a trail resulting in an injury to a skier, the ski resort may invoke the assumption of risk defense in the skier's subsequent lawsuit.

    By entering voluntarily into any relationship or transaction in which the negligence of the defendant is evident, the plaintiff is deemed to accept and consent to it, to assume responsibility for personal safety, and to unburden the defendant of the obligation. Spectators at certain sports events assume all the known risks of injury from flying objects. Plaintiffs who enter business premises as invitees and detect dangerous conditions can be deemed to assume the risks when they continue voluntarily to encounter them.
    No one forced you to go outside. You knew the risks. You went anyway even though you clearly stated to the rep that you would be subjecting yourself to hazardous heat (what a joke).
    Last edited by tsguy52; 09-08-09 at 09:11 PM.
    09-08-09 09:08 PM
  11. crackalackberry's Avatar
    Just to confirm. you work outside every day. you go to a store, they say to stand outside, and suddenly its a major issue to go outside?
    09-08-09 09:20 PM
  12. tsguy52's Avatar
    Just to confirm. you work outside every day. you go to a store, they say to stand outside, and suddenly its a major issue to go outside?
    Correct, but he's stating he did not sign an agreement with VZW that would waive liability had he not used his brain to deal with the heat.

    That's why he is wanting to file a lawsuit. Sounds like a poor soul looking for some money. Sad part is - his lawyer is going to screw him every way possible.
    09-08-09 09:23 PM
  13. TwinsX2Dad's Avatar
    Legal retainer: $7500

    20 hours attorney fees: $400/hour

    Various out of pocket expenses & court costs: $2100

    Being laughed out of the courtroom empty-handed: Priceless.


    There are some things money can't buy, like integrity & responsibility. For everything else, there's AmbulanceChaser Card.
    09-08-09 09:27 PM
  14. crackalackberry's Avatar
    Correct, but he's stating he did not sign an agreement with VZW that would waive liability had he not used his brain to deal with the heat.

    That's why he is wanting to file a lawsuit. Sounds like a poor soul looking for some money. Sad part is - his lawyer is going to screw him every way possible.
    I am trying to find the best thing to say, but im actually speechless.
    09-08-09 09:29 PM
  15. tsguy52's Avatar
    I am trying to find the best thing to say, but im actually speechless.
    I know right? This is a new one..
    09-08-09 09:31 PM
  16. CARTEEUSMC's Avatar
    I have a hole in my wall now, my head went through it
    09-08-09 09:37 PM
  17. gotblackberry's Avatar
    Here is another rant that a BB owner has:

    Ok, my Blackberry has had a flaw in it since I've had the phone. Since I didn't know anyone that had one when I recieved it, I thought it just happened to every storm owner. When I go outside with my phone for about ten minutes or so, and it gets to hot, the face doesnt want to recognize my thumbs touching it for about 15 minutes or until the phone cools down.

    So I went to Verizon, walked in, and showed the greeter what was going on with my phone. He agreed with me that it's not suppose to do this, and has me sit down and wait. About 20 minutes later I was finally called up. I told the Rep what I was having issues with, and that it only does that when it gets hot. I also explained to her that my job requires me to be outside most of the day. She said that there was nothing she could do but to do a wipe and reinstall my software. I fought with her about this and told her that nothing that has been downloaded or installed on the phone would cause this. She then told me that she can send me a refurbished phone, and that it will take a couple days. I argued about this again, and told her that I wanted a brand new one. She said she can't, so I left.

    Ten minutes later, I decided to go to a store that has Technical Support. I go inside, and they put me on the waiting list. I waited for another 40 minutes until my name was called. I went to the counter, and told the Rep exactly what was going on. He then told me that he needs to duplicate the problem in order for me to get a new one. I said that it only does it when I'm outside for more then ten minutes. He then told me that I can go stand outside, and have it mess up, and come straight to him when it does. I told him that it would be a health hazard due to the excessive heat, but then he tries to assure me that I will be fine. I then tell him, that if HE needs to duplicate it, then why doesn't he go outside. He said he couldn't. So I go, and as I'm outside waiting, I call customer service. I told the person on the phone what was happening, and he told me to contact the store manager.
    • OFF TOPIC: If anyone knows how Arizonas heat is in the summer, then you know that it is VERY much so a health hazard.

    The store manager tells me that he does need to dupilcate it. I told him that I understood that, but to ask a customer to go stand outside in 107 degree heat until his phone breaks is irresponsible. I told him I wanted a new phone, but all he said was that he can't until they can duplicate it. So I left the store and came on here.

    My question (If anyone can help) is if there is a way to get a brand new one, and not a refurbished, and to file a lawsuit among Verizon for neglagence. Their conduct was unprofessional, and disrespectful.

    Hello Slippery Nuts, I am sorry to hear you're having a problem with your phone today and I would love to take a look at our options to get it replaced. What I'll do is take a look at your warranty options and then see if we can get the phone replaced if need be. Thank you for verifying in our automated system, I really appreciate it.

    I understand you went into a store and they asked you to you stand outside? I understand that this is a little ridiculous, and I apologize for that, however you do not have cause to file a lawsuit. Also, the price of retaining an attorney would be significantly higher than the price of the phone. I understand that customers such as yourself threaten legal action like they know the law and act like threatening legal action is original and reps don't hear that everyday -- but I apologize because reps do so it does not make us cave in. Unfortunately for you sir, everyone has an attorney, or an uncle who is an attorney. Fortunately for Verizon their attorneys are on retainer so they have fun going to court and routinely show up to court to fight small claims actions to get out of ETF's -- and win.

    Regarding your warranty exchange, due to the agreement that you signed the refurbished phone would be what you would get if there is a warranty issue with the phone. I understand you feel you deserve a new phone, however, this would be entirely too costly to Verizon Wireless to ship out a new phone for everyone that malfunctioned.

    I also understand that you feel that standing outside is a health hazard. I am in the Valley, as well as you, and my employer routinely has fire drills outside -- in the middle of the summer for 30 minutes at a time. So I can assure you that standing outside for ten minutes is not a health hazard. You live in the desert, it will be warm. I appreciate your understanding in this matter.


    Well today I went over why it's ridiculous to threaten legal action and why you're going to get a refurbished phone. I also went over why the heat should be expected if you live in the Valley. Is there anything else I can do? Thank you for being the best part of Verizon Wireless!
    09-08-09 10:06 PM
  18. crackalackberry's Avatar
    lmao awesome weekend.
    09-08-09 10:10 PM
  19. Dr. Mom's Avatar
    Quick.....we need tort reform before my brain bleeds and I am completely uninsurable!!!!

    SlipperyNuts: there are no words to express how utterly stupid and rediculous you are being!!!!

    Tx2dad: ditto and kudos to you.

    Posted from my CrackBerry at wapforums.crackberry.com
    09-08-09 10:39 PM
  20. blue_and_bold's Avatar
    So perfect weekend, and great call sequencing! The best part is he hasn't posted since being flamed... Still trying to put that fire out lol
    09-08-09 10:43 PM
  21. kylewell's Avatar
    Its negligence not neglagance...just in case you do follow through with the lawsuit, make sure you spell check...its Arizona, what do you expect? I live in oregon, that would be like me saying getting rained on us a health hazard...10 minutes without water? Really?

    Posted from my CrackBerry at wapforums.crackberry.com
    09-08-09 10:51 PM
  22. MissJennell#IM's Avatar
    Its negligence not neglagance...just in case you do follow through with the lawsuit, make sure you spell check...its Arizona, what do you expect? I live in oregon, that would be like me saying getting rained on us a health hazard...10 minutes without water? Really?

    Posted from my CrackBerry at wapforums.crackberry.com
    Hahahaha. I am from OR too! I was gonna put something about the snow. Which tells me we live in different parts of the state. Lol. You must live in the valley.

    Posted from my CrackBerry at wapforums.crackberry.com
    09-08-09 11:13 PM
  23. blue_and_bold's Avatar
    If you have not gotten this resolved, please PM me. I have a few friends at the Regional Offices in Chandler. I will try a couple back door channels. No promises but I should be able to get you some help

    Posted from my CrackBerry at wapforums.crackberry.com
    LOL?
    10char
    09-08-09 11:17 PM
  24. TwinsX2Dad's Avatar
    LOL?
    10char
    I believe he was making a personal reference & recommendation for the psychiatric ward at Chandler Regional Hospital.
    09-08-09 11:37 PM
  25. crackalackberry's Avatar
    I WENT THERE BEFORE! they have really nice padded walls... If there is a tear in the back right corner of the room you end up in, That's where I tried to eat my way out.
    09-08-09 11:38 PM
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