Brooklyn, NY asked in Small Claims for New York

Q: Is it possible to sue a phone case manufacturer if the very case made to protect it contributed to the damage itself?

The case claims to protect from shock, claims to absorb shock, claims that it was tested with drops of 6.5 feet up and claims it has raised edges to protect the screen. Well that very piece of the edge cracked the case when it fell out of my hand from a 3 feet drop to it's side. The crack started from the very part covered by the screen protector that how I know the piece that is on that part protecting it is what cause the crack. It was not a concrete floor. The floor was the soft tiles. The protector has a plastic piece that is part of it that lays on the side of the glass where it was cracked.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: It could be, but gathering expert testimony or other technical evidence could possibly be a significant factor to establish such a case if your facts are not accepted at face value. You could speak with attorneys and research the cost of gathering evidence. Good luck

Tim Akpinar

1 user found this answer helpful

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