App stores are full of different applications. While the number of apps available was pretty limited back when smartphones began taking over, you can now find millions. There are different types of apps, each serving a particular purpose. Some help us stay organized, others remind us of important dates or things, and others are simply meant to make us have fun.
However, things can go wrong with apps sometimes, and when you feel wronged, you are tempted to file a lawsuit against the app or app developer. Can you do this, though? Let’s find out.
Can You Sue an App or App Developer?
Yes, you have the possibility of suing an app or app developer. Although applications are useful in many ways and can help make our lives better, they also expose us to various risks. Many lawsuits involving apps deal with issues like copyright infringement, personal injury, and many others.
App Lawsuit Legal Issues
Apps have become a normal part of our lives. They’ve been around for quite a while as businesses wanted to help their clients with more services or products. When the application harms us in any way, there is always the option to sue the app developer. Unfortunately, it is not that easy, and there are a few things to consider before you start a lawsuit.
- Suing the Right Person or Business – When you kickstart a lawsuit against an app, it is actually against its developer. The developer is usually a business that offers certain services through the application. You can find the developer of an app in the “About” section or by checking the Play Store or App Store listing.
- Things You Agreed to – As you start using an application, you basically agree to its terms and conditions. If you didn’t agree with them, you wouldn’t be able to use the app. Think of the terms and conditions as a contract that you automatically sign when you start using the app. Now, you may not want to read this file after downloading the application, but that doesn’t mean what is listed in the terms and conditions does not apply to you still. If you want to sue an app developer but didn’t read the terms and conditions, it’s time to check them out, as they may limit how much compensation you get or whether you can sue for that particular issue.
- Proving the Problem Caused by the App – Proving the negligence or bad intentions of someone you sue is crucial in any case. Therefore, you must be able to prove this with an app developer too. In the case of negligence, you must show evidence that there was a breach of duty and that it lead to damages for you.
- Statute of Limitations – Depending on the type of lawsuit you start against an app developer, there will be a particular statute of limitations in each state. Colorado, for instance, has a statute of limitations of two years from the date of injury in personal injury and wrongful death claims. Therefore, it’s crucial to seek Denver personal injury lawyers as soon as possible.
Were There Any Other Lawsuits Against Apps in the United States
Lawsuits against apps are not uncommon in the U.S. Actually, several have taken place in the past.
For instance, back in 2016, there was a lawsuit against Snapchat. A filter that measured speed and then put it on photos appeared, and an 18-year-old driver decided to have fun with it by speeding up to over 100 miles per hour. However, she ended up making her car crash, which left her in a wheelchair following a severe brain injury.
Uber was also sued by someone in 2015. This person and her boyfriend were both victims of an accident caused by one of the drivers. She was injured, but her boyfriend sadly passed away.
It is possible to sue an app developer for problems with an application. But how this is done and whether you can actually claim compensation depends on the case. There are different things that come into play, such as the Terms and Conditions of the application, the statute of limitations, and whether you can prove the elements of the cause of action. Consider all these aspects before you file a lawsuit.