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Hi,
I have several questions here.
I bought a thinkpad of IBM on 12/18/2002 from an internet retail at CA, at
that time I lived in NJ.
On 9/1/2004 the computer's harddriver was totally failed, so I sent it back
to IBM for service. But they are telling me it is custom induced problem, it
has to be fix on my cost or ship back to me as it is. Now I am living in NY.
My first question is can I sue IBM for breach of warranty, because I don't
think I caused the computer's problem.
2nd question is this case under which state jurisdiction.
3nd question should I get a lawyer help me on that case.
thanks a lot,
Yejun
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In my experience, most computer manufacturers do not offer any
warranties for more than one year. Since you bought the ThinkPad in
2002, and now it's 2004, your warranty has already expired.
If, however, you bought an extended warranty (e.g. a 3-year warranty,
instead of the usual 1-year warranty), then you have to answer a few
questions:
--Have you made any kind of changes to your computer that might void
your computer's warranty? In some situations, even opening up your
computer by yourself is enough to void a warranty (especially if you had
to break a seal or a sticker in order to open the case). The premise for
voiding a warranty on that basis is to absolve IBM of any responsibility
if you made any custom changes to your laptop.
--Did you replace the laptop's hard drive with a new one, between the
time you received your laptop and the day that the hard drive failed?
--Did you let anyone else (e.g. an independently-owned computer shop, or
a friend, or a technical support company) make changes to your computer?
As for the jurisdiction, it is my understanding the warranties are
generally governed by the laws of the state of New York, unless it is
specified explicitly different in your user warranty card. You should
double-check your warranty card for the provisions of your warranty.
It's not important for you to get a lawyer, particularly since the
dollar amount involved probably won't exceed $5000 (i.e. it probably
falls under small claims court, and most of the time lawyers are not
involved). You are, of course, at liberty to retain a lawyer, but you
may want to weigh the costs of retaining one, for the damages (or
specific performance) that you are seeking.
This is what I think. I'm not an expert in law, but these are the issues
that come to my mind after having read your message.
---Douglas
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Thanks for replying me.
This machine came with 3 year limited warranty. I added a memory by myself
under the instruction provided by IBM.
IBM told me it will be no longer under warranty, because the first evidence
they found is a corrossion screw, the second time they called me they said
there are 3 expert had look at the machine, they are sure it is a custom
induced damager probably had been dropped.
I'd like to know how much will cost to get a lawyer and obtain expert
witness, I feel very frustrated and angry to deal with them now. If the cost
will be lower than a new machine and the chance to win is half, I will go
forward.
yejun
In my experience, most computer manufacturers do not offer any
warranties for more than one year. Since you bought the ThinkPad in
2002, and now it's 2004, your warranty has already expired.
If, however, you bought an extended warranty (e.g. a 3-year warranty,
instead of the usual 1-year warranty), then you have to answer a few
questions:
--Have you made any kind of changes to your computer that might void
your computer's warranty? In some situations, even opening up your
computer by yourself is enough to void a warranty (especially if you had
to break a seal or a sticker in order to open the case). The premise for
voiding a warranty on that basis is to absolve IBM of any responsibility
if you made any custom changes to your laptop.
--Did you replace the laptop's hard drive with a new one, between the
time you received your laptop and the day that the hard drive failed?
--Did you let anyone else (e.g. an independently-owned computer shop, or
a friend, or a technical support company) make changes to your computer?
As for the jurisdiction, it is my understanding the warranties are
generally governed by the laws of the state of New York, unless it is
specified explicitly different in your user warranty card. You should
double-check your warranty card for the provisions of your warranty.
It's not important for you to get a lawyer, particularly since the
dollar amount involved probably won't exceed $5000 (i.e. it probably
falls under small claims court, and most of the time lawyers are not
involved). You are, of course, at liberty to retain a lawyer, but you
may want to weigh the costs of retaining one, for the damages (or
specific performance) that you are seeking.
This is what I think. I'm not an expert in law, but these are the issues
that come to my mind after having read your message.
---Douglas
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Did you at any time leave your laptop alone (i.e. you go away to the
washroom)? Perhaps a passer-by messed around with your computer, even
dropping it while you were away? Also, how do you transport your laptop?
Do you carry it in your hands, do you use a proper laptop carrying case,
or do you use something else? It's possible that the laptop was damaged
during transportation from one place to the next.
I don't know why a corroded screw would be enough to void your warranty.
Maybe they think you exposed your laptop to water?
In any event, I'm not in any good position to advise you about costs.
Depending on how good your computer is, costs can range any where from
the cost of repair (a few hundred dollars) to replacement (somewhere
near $2000) to even specific performance (i.e. no money, but IBM will be
ordered to repair the machine in accordance with your warranty).
If you are the winner, IBM will likely have to pay costs (i.e. cost of
you bringing the lawsuit against them), but the first part is finding
out how to win your case. You will need to prove that your actions do
not constitute negligence (i.e. the laptop damage was not your fault),
but also that IBM's actions constitute a breach of contract (i.e. this
will make sense if you can demonstrate that you didn't damage your
computer).
Retaining expert witnesses seems a bit extreme, given the circumstances
and the dollar range involved. You will have to find out how the screw
got corroded (where is the screw located? interior? exterior? was it
corroded before you sent the laptop to IBM for repair, or was it clean?).
Sorry, I don't know enough to advise you about getting a lawyer or not.
In small claims (which you are going to be involved in), you will
usually be on your own to argue the case. As long as you can clearly
state your case and try to connect the dots, you probably have a better
than 50/50 chance to win.
Perhaps someone else here has better advice?
---Douglas
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I have several questions here.
I bought a thinkpad of IBM on 12/18/2002 from an internet retail at
CA, at
that time I lived in NJ.
On 9/1/2004 the computer's harddriver was totally failed, so I sent
it back
to IBM for service. But they are telling me it is custom induced
problem, it
has to be fix on my cost or ship back to me as it is. Now I am
living in NY.
My first question is can I sue IBM for breach of warranty, because I
don't
think I caused the computer's problem.
2nd question is this case under which state jurisdiction.
3nd question should I get a lawyer help me on that case.
You can sue IBM for breach of warranty, of course. But whether you
win will depend on whether you can prove that the defect is IBM's
fault, and on whether they can prove that it was not their fault. The
judge or jury will decide whose evidence to believe.
You can sue in New York, New Jersey, California, or wherever IBM does
business.
This is probably a small claims case. You can hire an attorney to
help with it, but in most states you would have to conduct the trial
yourself. The cost of the attorney could range from $100 or $200 for
a one-hour consultation, up to amounts which far exceed the cost of a
new hard drive. for example, if the attorney charges $200 per hour
and spends 10 hours, that's $2,000. Expert witnesses can cost from
zero, if it's a friend willing to work free, up to the same amounts
that attorneys charge.
If you sue and win, IBM will owe you the cost of having the machine
fixed. Regardless of whether you sue in small claims or some other
court, the judgment against them will not include reimbursement of
your legal expenses.
McGyver
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I got another question. If I sue in small claim court, do I have the burden
to have expert witness to prove my points, very likely IBM will have theirs.
CA, at
it back
problem, it
living in NY.
don't
You can sue IBM for breach of warranty, of course. But whether you
win will depend on whether you can prove that the defect is IBM's
fault, and on whether they can prove that it was not their fault. The
judge or jury will decide whose evidence to believe.
You can sue in New York, New Jersey, California, or wherever IBM does
business.
This is probably a small claims case. You can hire an attorney to
help with it, but in most states you would have to conduct the trial
yourself. The cost of the attorney could range from $100 or $200 for
a one-hour consultation, up to amounts which far exceed the cost of a
new hard drive. for example, if the attorney charges $200 per hour
and spends 10 hours, that's $2,000. Expert witnesses can cost from
zero, if it's a friend willing to work free, up to the same amounts
that attorneys charge.
If you sue and win, IBM will owe you the cost of having the machine
fixed. Regardless of whether you sue in small claims or some other
court, the judgment against them will not include reimbursement of
your legal expenses.
McGyver
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I got another question. If I sue in small claim court, do I have the
burden
to have expert witness to prove my points, very likely IBM will have
theirs.
You will be the plaintiff and will have the burden of proof. I don't
know whether you need expert witnesses. The fact that IBM will likely
have some experts there doesn't necesarilly mean you must. If you
need expert witnesses to prove your points, it's up to you to hire
them. I don't know what your expert witnesses can testify to, since
you don't have the machine for them to examine.
McGyver
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