SimplyGina
Junior Member
What is the name of your state? Indiana
My son was playing at a friends house and they decided to go swimming. My son put his Razr Cell Phone on the table with his tshirt. The 10 yr old boy picked up my son's cell phone and said "What would you do if I threw your cell phone in the pool?" At the same time while he was saying that, he was making the throwing motion with his arm & hand. When he did that, the cell phone flew out of the case and landed in their pool. My son came home immediately and I called the boys father. The father apologized and said let's give it a few days to see if it dries out and I explained how expensive this phone was and how it was bought as a Christmas present and it was his only present he got this past Christmas. I also told him that is how my son's father contacts him. Anyways, the father said not to worry he will take care of it if it doesn't work.
I called him a couple days later and told him how it turns on but won't accept the sim card or any sim card. He told me to try going to a repair shop and I agreed to call TMobile to get info on repair shops. Again he said he would take care of it.
A couple days after that, I called him to let him know what it would cost to send into the repair shop and if it could not be repaired they would send me a refurbished phone for $175. At that point, the story changed and he said he no longer feels it is his responsibility. He said that his son was moving it away from the ledge of the pool and it fell in the water. The stories were the same on the initial day it happened but as the days went by, their story changed. The mother-in-law even talked to me and said she saw his hand motion but did not hear what he was saying. All she know is the phone landed in the pool and the case landed on the table. Which is impossible because of the way the table and pool are situated. The pool would have been behind him. Anyways, do you think I have a chance in Small Claims.
My son was playing at a friends house and they decided to go swimming. My son put his Razr Cell Phone on the table with his tshirt. The 10 yr old boy picked up my son's cell phone and said "What would you do if I threw your cell phone in the pool?" At the same time while he was saying that, he was making the throwing motion with his arm & hand. When he did that, the cell phone flew out of the case and landed in their pool. My son came home immediately and I called the boys father. The father apologized and said let's give it a few days to see if it dries out and I explained how expensive this phone was and how it was bought as a Christmas present and it was his only present he got this past Christmas. I also told him that is how my son's father contacts him. Anyways, the father said not to worry he will take care of it if it doesn't work.
I called him a couple days later and told him how it turns on but won't accept the sim card or any sim card. He told me to try going to a repair shop and I agreed to call TMobile to get info on repair shops. Again he said he would take care of it.
A couple days after that, I called him to let him know what it would cost to send into the repair shop and if it could not be repaired they would send me a refurbished phone for $175. At that point, the story changed and he said he no longer feels it is his responsibility. He said that his son was moving it away from the ledge of the pool and it fell in the water. The stories were the same on the initial day it happened but as the days went by, their story changed. The mother-in-law even talked to me and said she saw his hand motion but did not hear what he was saying. All she know is the phone landed in the pool and the case landed on the table. Which is impossible because of the way the table and pool are situated. The pool would have been behind him. Anyways, do you think I have a chance in Small Claims.
