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Form Neglect led to Lost Information

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Junior Member
What is the name of your state (only U.S. law)? North Carolina

On the 28th of October, 2008, I took my Toshiba laptop after it fell off a desk and wouldn't work to the store at which we bought to. The technician said that they would have to run a diagnostic test on the computer and would contact us when it was done. I signed a release giving them permission to run the test and left. Approximately two hours later, they called back and said that there was a problem with the KEYBOARD. They said that this problem could only be fixed by sending it away to be fixed. We agreed, even going over to the store to see if there was any way to pull some of the information needed (it was going to be gone for 10-12 days and there were some vital things that were due in my daughter's classes the next day). They told us that if we wanted they could back up all the information for $99. We decided against it-- money's tight and we didn't find it necessary. Note that at this point we had talked two THREE seperate technicians.

I called to check up on it Friday, November 14th. They technicians told me that they had just replaced the hard drive and that all the information we had on that computer was gone (numerous pictures, assignments from my daughter's classes, stories and papers she's written in the past, and thousands of songs were lost). At NO POINT was it told to us that our hard drive might be replaced. Upon talking to another technician at the store, we were told we should have been given a form asking whether or not we wanted our information backed up in the instance that the hard drive had to be replaced. This was neglected by three separate employees at this store (two in person, one over the phone).

Do we have a case? Thanks.

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