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Major computer company wipes out personal memories

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Junior Member
What is the name of your state? NY

My laptop was brought to a major retailer and sent to the computer manufacturer to get the hinges replaced. I was told that there was no reason to back up my computer because it was only going out to have the hinges replaced and there was no reason to back up the computer (I had tried to back up some information about a week before and the retailer had to fix my computer because it kept shutting down while I was trying to recover the information.) This was done successfully without losing any information and I noticed the damaged hinges when I picked the computer up. When I got the computer back from the manufacturer I thought that they wiped my hard drive but it turns out they replaced it. I lost alot of business and personal information, but what upset me the most were the only pictures of my son who died at 5 months old. We found out we lost his pictures for good exactly 5 months after his death. The manufacturer and the retailer state they are not responsible even though I never asked to have my hard drive looked at and I did not sign a service order. The service order states that they are not responsible for any lost data (again, I did not sign or receive a copy of the service order prior to the computer being sent out). My wife and I are very distraught over this and want to know if there is any legal action we can take. I know that no amount of money will bring the pictures back, but we feel like we have lost our son for a second time in less than a year and feel we should be compensated for what we have lost and for what the computer company and retailer have put us through emotionally.


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