What is the name of your state (only U.S. law)? Maryland
I'm not sure if this case sounds like it would hold up or not but I am planning on taking action against someone and want to see if this seems viable.
The Situation: I left my iPhone in my friend's car. I called him immediately after he dropped me off and asked if we could meet up so I could get my phone back. He agreed and we decided to meet halfway between our houses. When he arrived at the location where we were to meet he called my friend's phone, who he knew was with me at the time. Unfortunately, by that point we were both asleep and so neither of us answered our phones. Rather than hold on to the phone so I could get it from him the next day, he decided to stash the phone behind a dumpster in a trash alcove of an apartment complex, about 5 mins away from where I was. He did not tell me he would be putting it there. I woke the next day around 12:15 after it had been raining most of the night and called him to ask if I could meet him to get my phone. He told me where he stashed the phone. When I went to the location where the phone was I found it behind the dumpster on the ground laying in a puddle of water. It was ruined by the water damage because it would no longer charge and the buttons would no function properly. When I spoke to him and told him it was broken he said there is no way he is responsible for that and would not pay for me to get a new phone. I went yesterday and bought a new phone at the cost of $423.80. Can I take him to small claims court for this? Would he be considered negligent since he did not exercise the duty of care that a reasonable person would?
I'm not sure if this case sounds like it would hold up or not but I am planning on taking action against someone and want to see if this seems viable.
The Situation: I left my iPhone in my friend's car. I called him immediately after he dropped me off and asked if we could meet up so I could get my phone back. He agreed and we decided to meet halfway between our houses. When he arrived at the location where we were to meet he called my friend's phone, who he knew was with me at the time. Unfortunately, by that point we were both asleep and so neither of us answered our phones. Rather than hold on to the phone so I could get it from him the next day, he decided to stash the phone behind a dumpster in a trash alcove of an apartment complex, about 5 mins away from where I was. He did not tell me he would be putting it there. I woke the next day around 12:15 after it had been raining most of the night and called him to ask if I could meet him to get my phone. He told me where he stashed the phone. When I went to the location where the phone was I found it behind the dumpster on the ground laying in a puddle of water. It was ruined by the water damage because it would no longer charge and the buttons would no function properly. When I spoke to him and told him it was broken he said there is no way he is responsible for that and would not pay for me to get a new phone. I went yesterday and bought a new phone at the cost of $423.80. Can I take him to small claims court for this? Would he be considered negligent since he did not exercise the duty of care that a reasonable person would?