What are my rights if I took my cell phone into be repaired but the store further damaged it?

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What are my rights if I took my cell phone into be repaired but the store further damaged it?

I had a SIM card in my SIM tray which was what I needed to get fixed. After a few days I called them and they said after fixing the stuck SIM and then putting my phone back together that they now had a green screen and couldn’t figure out why. I asked if they were planning to fix this issue and they said that they only warranty new parts they put in a phone? My phone didn’t have this problem before bringing it in for the repair. As a business, are they required by law to fix this issue they caused?

Asked on March 28, 2014 under Business Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If they damaged the phone due to their carelessness, or negligence, then yes, would be liable for the repair costs. That's the good news. The bad news is that if they will not voluntarily compensate you, you would have to sue them for the money, which has its own costs (in terms of filing fees and time, though you could minimize the monetary costs by acting as your own attorney in small claims court); and to win, you'd have to prove by a "preponderance of the evidence" (that it is more likely than not) that they caused the damage through their carelessness.


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