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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23922
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My boyfriends phone fell in my pool. We were moving boxes

Customer Question

My boyfriends phone fell in my pool. We were moving boxes from my shed. The phone was placed on a box near pool and ended up falling in pool when I went to move said boxes with my dolly. I put the phone in a bag of rice to absorb the moisture. You are
suppose to leave it in the rice for 3 days. She took it out of bag and plugged it into charger. Big no no, and completely killed any chance of it working again. I have had a few phones fall in pool, and all worked again after using the rice method. Now his
mother, who paid for his phone and phone service, is suing me in small claims court. my question is, how do I win this? I feel this woman is just out to get me because she does not approve of my relationship with her son.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good evening. Was the phone his or hers? Also, did he place the phone on the box or did you? What grounds is she alleging that you are liable?

Customer: replied 1 year ago.
The phone was given to him. It was his, but she is claiming it is hers. She bought it for him. She likes to give things and take them back. Birthday gifts, Christmas gifts, anything her money was spent on... she takes back when she is upset with her son. So is it his, yes, but she is the one that paid for it. I placed it on the box. She is saying I threw it in. She also likes to make up stories.
Expert:  LegalKnowledge replied 1 year ago.

Thank you for the additional information and good morning. If the phone was given to him as a gift and it was his, she may not have any standing or grounds to sue you. As the owner, it would be HE who would have to file suit and you may be able to dismiss the action, based upon that alone. Moreover, there needs to be grounds/a legal basis to support the cause of action. If she is saying you threw the phone in the pool and she has no proof ( unless she was there and is going to testify to what she say), then her claim will fail as well. You certainly need to appear, respond and contest this but have defenses to raise and if your boyfriend will testify on your behalf as well, that you did not throw it, then she will lose at trial and not recover, if it even goes that far. If she wanted to prevail, she would first need to show she has standing and can bring the lawsuit and then would need to show you were negligent, in the handling of the phone. Based upon what you shared above, neither of those elements are present.

Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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