I realize this is not about bankruptcy, however this is about a (contemplated) legal matter, and I usually get very good advice here, so here goes:
On or about September of 2011, I purchased a new laptop. The laptop came with a 1-year limited warranty, which expired in October of 2012. This laptop was used exclusively in our home, and was never dropped, abused, etc. Over time, I noticed more and more "play" in the hinges which support the display.
In December of 2013, I unfolded the computer, and it made a loud "snap" and the screen fell back all the way. The laptop is no longer usable because of this.
I looked online and found that thousands of people have had this same kind of problem with this particular model, often times within the first 6 months of ownership. Even the manufacturer's own online forums are full of dozens of threads about people complaining about this exact same problem on this exact same model.
More importantly, the cause is said to be a defective design, as the hinges which require significant force to operate are each anchored to two flimsy plastic posts in the bottom casing of the laptop. The ABS plastic lacks sufficient tensile strength to withstand this torque, and disintegrates over time. In December of 2012, the manufacturer issued a technical service bulletin to its authorized service partners, the abstract of which can be read online, which is that the bottom casing of this laptop has been redesigned, and a new part number has been created. The improved version has a steel plate where each hinge attaches, so the hinges screw into the steel, rather than into flimsy plastic.
I downloaded a copy of the laptop's service manual, and was able to disassemble the computer and confirm that the two mounting posts for each hinge had cracked and crumbled.
In January of 2014, I called the computer manufacturer's technical support to report the problem, and request a free repair or replacement case bottom--of the redesigned part number. The technician I spoke to refused to do that, claiming that the computer was out of warranty, and referred me to their consumer affairs department.
I called the consumer affairs department, and the first person I spoke to denied knowledge of any defect; when I gave him the engineering bulletin number and the part number of the redesigned case bottom, he transferred me to a supervisor who admitted the defect, but refused to repair the computer since the limited warranty has ended.
I followed up with a demand letter, sent Certified Mail, outlining the problem, and requesting that they agree to repair the laptop for free, or send me the redesigned case bottom so that I can repair it myself.
Two weeks have elapsed since the date that the letter was delivered, and so far I have heard nothing back. (Perhaps a reply will take longer than this?)
I am seeking any advice from the experts on this forum as to whether it is even worth pursuing this legally, and if so when and how to pursue this legally.
I contend that since this is a design defect as opposed to a manufacturing defect or normal wear and tear, it can be argued that the computer was defective since day one, and thus the fact that the defect did not become apparent until after the limited warranty expired is irrelevant. Additionally, I contend that this design defect renders the product unfit and unsuitable for its intended purpose, in violation of state and federal consumer protection laws.
However, the manufacturer is a California corporation, and I am located in Arizona. I am unsure if a civil suit would have to be filed there or here. In addition, I can purchase the part myself online for about $75.00 including the shipping, so I am not sure if pursuing legal action would be profitable for me.
As a non-attorney, I cannot collect legal fees, so the best I could hope for is to recover my court costs, photocopying and service fees, and obtain a free repair or replacement case bottom.
Thank you for your advice.
On or about September of 2011, I purchased a new laptop. The laptop came with a 1-year limited warranty, which expired in October of 2012. This laptop was used exclusively in our home, and was never dropped, abused, etc. Over time, I noticed more and more "play" in the hinges which support the display.
In December of 2013, I unfolded the computer, and it made a loud "snap" and the screen fell back all the way. The laptop is no longer usable because of this.
I looked online and found that thousands of people have had this same kind of problem with this particular model, often times within the first 6 months of ownership. Even the manufacturer's own online forums are full of dozens of threads about people complaining about this exact same problem on this exact same model.
More importantly, the cause is said to be a defective design, as the hinges which require significant force to operate are each anchored to two flimsy plastic posts in the bottom casing of the laptop. The ABS plastic lacks sufficient tensile strength to withstand this torque, and disintegrates over time. In December of 2012, the manufacturer issued a technical service bulletin to its authorized service partners, the abstract of which can be read online, which is that the bottom casing of this laptop has been redesigned, and a new part number has been created. The improved version has a steel plate where each hinge attaches, so the hinges screw into the steel, rather than into flimsy plastic.
I downloaded a copy of the laptop's service manual, and was able to disassemble the computer and confirm that the two mounting posts for each hinge had cracked and crumbled.
In January of 2014, I called the computer manufacturer's technical support to report the problem, and request a free repair or replacement case bottom--of the redesigned part number. The technician I spoke to refused to do that, claiming that the computer was out of warranty, and referred me to their consumer affairs department.
I called the consumer affairs department, and the first person I spoke to denied knowledge of any defect; when I gave him the engineering bulletin number and the part number of the redesigned case bottom, he transferred me to a supervisor who admitted the defect, but refused to repair the computer since the limited warranty has ended.
I followed up with a demand letter, sent Certified Mail, outlining the problem, and requesting that they agree to repair the laptop for free, or send me the redesigned case bottom so that I can repair it myself.
Two weeks have elapsed since the date that the letter was delivered, and so far I have heard nothing back. (Perhaps a reply will take longer than this?)
I am seeking any advice from the experts on this forum as to whether it is even worth pursuing this legally, and if so when and how to pursue this legally.
I contend that since this is a design defect as opposed to a manufacturing defect or normal wear and tear, it can be argued that the computer was defective since day one, and thus the fact that the defect did not become apparent until after the limited warranty expired is irrelevant. Additionally, I contend that this design defect renders the product unfit and unsuitable for its intended purpose, in violation of state and federal consumer protection laws.
However, the manufacturer is a California corporation, and I am located in Arizona. I am unsure if a civil suit would have to be filed there or here. In addition, I can purchase the part myself online for about $75.00 including the shipping, so I am not sure if pursuing legal action would be profitable for me.
As a non-attorney, I cannot collect legal fees, so the best I could hope for is to recover my court costs, photocopying and service fees, and obtain a free repair or replacement case bottom.
Thank you for your advice.
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