Legal Question in Business Law in New York

Recently, I received a new HTC Touch Pro cellphone from Sprint's contracted insurance company. They distribute the phone in new packaging with an included case for the phone. The case is made of cheap materials and relies on cheap Velcro to hold the phone in.

Under normal use, the Velcro wears away very quickly (1 - 2 weeks) and no longer holds the phone. This causes the phone to fall out of the case while walking. As a result, my phone is damaged from falling too many times. It is the direct result of the poor quality of the included case.

Is this grounds for a class action lawsuit?


Asked on 8/13/09, 10:45 am

1 Answer from Attorneys
John Friedman Law Office of John K. Friedman

Probably not. You state the the velcro wore away quickly but that you continued to use it and therefore the phone fell "too many times." From this it seems you should have stopped using it once you realized the phone was going to fall a third or more times. In other words, when you knew it didn't work you continued to use it -- the damages are caused by your use of the product, not by its defect (if defect it is in fact). If it had been damaged significantly on the first or second drop . . . but that's not the fact pattern you present.

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Answered on 8/18/09, 4:47 pm


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