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  #1  
Old 05-01-2003, 02:02 PM
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Defective product damages other things


What is the name of your state? CA

Let me ask you this... Lets say I install product XX in my car or where ever, but it is defective and ruins other components.. How likely is it that I win in court for the damages caused to other components?

Example:

Bad power supply in a computer kills motherboard and memory
Bad fuse in a car melts and burns my electronics
Bad master cylinder causes loss of brakes and results in an accident


No specific garantee / protection is given or implied when purchasing the product. Is it assumed to "use at your own risk" ? Granted if it was a major flaw in the product there would be a class action lawsuit (Firestone for example), but what are my odds of doing this myself vs. the company?
  #2  
Old 05-01-2003, 05:45 PM
attyhcl
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remember, as a plaintiff you would have the burden of proof. that said, if a product which is defective causes additional damages, the manufacturer/installer/distributer of the product which is defective would be liable for all damages arising from that defect..if, however, you are the one who installs the defective product, the defense may take the position that it was improperly installed... in most of these situations expert testimony is necessary to prove the defect in the product and the consequential damages...i hope this is helpful...harris legome, esq.
  #3  
Old 05-01-2003, 07:37 PM
dadrummer
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When you say alone are you referring to you representing yourself? Or, are you speaking of hiring an attorney and not file class action?

If you are going to represent yourself your chances of winning against a auto giant are none.

If you are going to hire an attorney you will not find one to represent you on a contingency fee in your first 2 scenarios. You may find one in the brake failure but there are still many, many unanswered questions.

You may not receive many replies to your post because you presented too many "ifs". These responders are here to answer very specific, detailed questions and generally speaking do not reply to "ifs"
  #4  
Old 05-02-2003, 02:29 AM
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I didn't specify any ifs, just scenarios..

And yes, for smaller ones I would be representing myself basically.

Why would my chances of winning be slim (if they were)?

Get 3 diagnostics from 3 different shops stating that the computer (for example) dies due to a bad power supply, and go to court.. Doesn't look that complicated.
  #5  
Old 05-04-2003, 09:44 AM
dadrummer
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What party do you plan on suing? The auto manafacturer? The part manafacturer? The retailer? The installer?

You didn't state in your initial post anything about contacting any of the above in search of a remedy. It sounds as if you have a defective part and now want to sue without exhausting all other avenues.

This sounds like a situation that can be resolved if the proper channels are utilized.
  #6  
Old 05-04-2003, 10:19 AM
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The installer is me, the retailer would have nothing to do with it since he does not manufacture the product, so yes, the manufacturer.

I don't have a defective product that ruined other things (thank god) but happened at work a couple times where a power supply fried the rest of the computer so was curious as to what the options are in case it happens to me.
  #7  
Old 05-04-2003, 10:38 AM
dadrummer
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When you mention the word "fried" it sounds as if you are speaking of a power surge. The most practical way to protect against a power surge is with a surge protector, a relatively inexpensive item which should be used on not only computers but also televisions, vcr's, etc. I fail to see how a mfg. would be held liable for a power surge. I do know from personal experience power supply companies have reimbursed customers for such happenings. Depending on the item, such as an air conditioner, just the opposite can occur, low voltage, which could damage a compressor or fan motor. Power companies have also reimbursed customers for those happenings as well. Again, if you are speaking of a power surge I suggest you invest in a surge protector.
  #8  
Old 05-04-2003, 07:20 PM
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Fry = power surge? Interesting.

You could fry a chip inside the car, does it mean I should hook up a surge protector to it?

Frying electrical components does not come from power surges all the time.

By "Frying" I was referring to the power supply (inside a computer lets say) being unable to lower the current to 12 volts, and instead pass 110, FRYING other electrical components because they cannot handle the voltage.

Ah, so the chances of winning would be good.. Cool, all I wanted to know.
  #9  
Old 05-04-2003, 10:51 PM
dadrummer
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OK, I'll try this one more time**************It's like I stated in the beginning!! Too many "IF'S"
Are you talking about a car computer? Home computer? Horse computer? Goat computer?

If you want a class in electricity, AC, DC, or any other "C" let me know. In the meantime, this is not the site for your "IF'S".

That is the reason no one else has responded. Kinda makes me look like a fool**************...



(for the record, you have a voltage regulator problem!!)

I'm outta here!!
  #10  
Old 05-05-2003, 08:49 AM
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And again, there are no IFs.
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