Cousin says I am responsible for her phone damages?

[larzrenee]

What is the name of your state (only U.S. law)? CALIFORNIA

If there is anyone knowledgeable about the law, please assist me with this issue! So my cousins & I went to a concert and on the way there my cousin asked to use my aux cord in my car to listen to music on her phone. i pointed to where it was and she plugged it in. when we arrived at the concert she took it out and saw that there was a piece of it stuck in her phone, she asked me if the cord has gotten stuck before and I said I dont know, sometimes I guess. But I have had this aux cord for a year and my phone works perfectly fine, no problems. She said nothing and we went into the concert. When we came out she plugged her phone back into the aux cord to play more music and fell asleep. When I finally got home I looked at the aux cord and saw that the piece still wasn't there so I asked her if the piece is still in her phone, she looked at it and said yes then I proceeded to try to jimmy it out which did not work. I also offered the option of taking my aux cord with her so that she can insert it back into her phone and see if it connects and comes out, but she declined and left. Now today, she says she is going to take me to court because she says I should have told her that the aux cord was faulty and she would not have used it if I told her that. But I have been using it for over a year with no issues. She also claims that when she asked if it got stuck before I said "yeah, all the time." and that will be her stance in the courtroom. Am I in the wrong here? She also has text messages of me saying that I don't have money and my mom will handle it.

Thanks for your time.

 

[quincy]

What is the name of your state (only U.S. law)? CALIFORNIA

If there is anyone knowledgeable about the law, please assist me with this issue! So my cousins & I went to a concert and on the way there my cousin asked to use my aux cord in my car to listen to music on her phone. i pointed to where it was and she plugged it in. when we arrived at the concert she took it out and saw that there was a piece of it stuck in her phone, she asked me if the cord has gotten stuck before and I said I dont know, sometimes I guess. But I have had this aux cord for a year and my phone works perfectly fine, no problems. She said nothing and we went into the concert. When we came out she plugged her phone back into the aux cord to play more music and fell asleep. When I finally got home I looked at the aux cord and saw that the piece still wasn't there so I asked her if the piece is still in her phone, she looked at it and said yes then I proceeded to try to jimmy it out which did not work. I also offered the option of taking my aux cord with her so that she can insert it back into her phone and see if it connects and comes out, but she declined and left. Now today, she says she is going to take me to court because she says I should have told her that the aux cord was faulty and she would not have used it if I told her that. But I have been using it for over a year with no issues. She also claims that when she asked if it got stuck before I said "yeah, all the time." and that will be her stance in the courtroom. Am I in the wrong here?

Thanks for your time.

If she takes you to court, it appears it will be a he said/she said. Whoever is more believable wins. That is IF she takes you to court. I am not sure what she is claiming as damages.

 

[larzrenee]

If she takes you to court, it appears it will be a he said/she said. Whoever is more believable wins. That is IF she takes you to court. I am not sure what she is claiming as damages.

She is saying her phone was damaged by my aux cord, and since I failed to tell her it was faulty, I am obligated to pay.

 

[quincy]

She is saying her phone was damaged by my aux cord, and since I failed to tell her it was faulty, I am obligated to pay.

She will have to show that you knew the cord was faulty and her phone was damaged as a result. You could countersue for the damage she did to your cord.

What amount is she asking you to pay?

 

[larzrenee]

She will have to show that you knew the cord was faulty and her phone was damaged as a result.

What amount is she asking you to pay?

She is saying that I knew the cord was faulty because after she took it out and saw that there was a piece stuck in her phone that I said "yeah that happens all the time" ? I would not have said that because I have had no previous issues with this aux cord, I've had it for over a year. When she asked if it has gotten stuck before, in an effort to not make her feel bad about breaking my aux cord I said "i dont know, sometimes maybe". She said that it can be repaired with $70. Now she says if we go to court she is going to get me for more money.

 

[quincy]

She is saying that I knew the cord was faulty because after she took it out and saw that there was a piece stuck in her phone that I said "yeah that happens all the time" ? I would not have said that because I have had no previous issues with this aux cord, I've had it for over a year. When she asked if it has gotten stuck before, in an effort to not make her feel bad about breaking my aux cord I said "i dont know, sometimes maybe". She said that it can be repaired with $70. Now she says if we go to court she is going to get me for more money.

I was editing my post while you were posting. I added that, if she sues, you can countersue her for damage to your cord.

 

[larzrenee]

I was editing my post while you were posting. I added that, if she sues, you can countersue her for damage to your cord.

OK, I might do that. But do you think she has a sturdy case?

 

[quincy]

OK, I might do that. But do you think she has a sturdy case?

No. I don't.

When someone borrows something from someone, they are expected to return it to the owner in the same condition it was in when it was borrowed.

Her argument will be that you knew the cord was faulty and should have warned her. She loses points with this argument because, even after the cord piece broke off in her phone once, she borrowed the cord again.

 

[Zigner]

WHAT caused the damage? Did you damage it by trying to "jimmy" the piece out? If yes, then yes, you are responsible.

 

[larzrenee]

WHAT caused the damage? Did you damage it by trying to "jimmy" the piece out? If yes, then yes, you are responsible.

No, the piece was already stuck in her phone, she tried to take it out and I tried to assist her in that. But she claims because it was my aux cord and that I knew beforehand that it was a faulty aux cord that I am responsible for the damages. But, I have been using this aux cord for over a year with no prior issues and I did not know it will break in her phone.

 

[quincy]

No, the piece was already stuck in her phone, she tried to take it out and I tried to assist her in that. But she claims because it was my aux cord and that I knew beforehand that it was a faulty aux cord that I am responsible for the damages. But, I have been using this aux cord for over a year with no prior issues and I did not know it will break in her phone.

If she decides to sue you, then, you can file a counterclaim and the judge will decide whose story is more believable based on the facts as presented. I still see your cousin as having a weak case. She borrowed the cord not once but twice, knowing the second time that the cord piece was loose.

You could offer to pay half the cost ($35) as a goodwill gesture, if she will pay for half the cost of a new cord.

 

[HRZ]

I think your cousin has a very weak point based on all the comments above...Id tune her out entirely like totally OUT until such time as she actually files a suit then repost

Unless you are some sort of official techie and had prior knowledge about the supposedly defective cord --the cousin has a super weak point?

And if she invited you to try to get it out--she assumed the risks of your semi qualified efforts --perhaps my 2 year old grandson could have done better or the kid in the we fix phone counter in local mall but neither was asked .