Quote:
Originally Posted by HarryT
I think you'd have a hard time proving that there was a design flaw. You may believe that there is, but do you have any hard and fast proof that the screen failure rate is higher than one might reasonably expect it to be? Do you have any hard data on what the failure rate is, as a percentage of devices shipped?
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I would not be the one doing this. Before the lawsuit is instigated, the experts render an opinion, and filing a complaint depends on that opinion. The number of devices that broke, reasons for breaking, as well as repair reports and such are in discoverable evidence obtainable from Booken, under normal discovery rules, or, if Booken turns unresponsive (as they tend to be), under the subpoena. All the data is obtainable from Booken (including customer's emails), and they are responsible for keeping records.
All that aside, I did not say that it would be practical to instigate a lawsuit against them, particularly as they are a foreign entity. This is not a device that sold in millions in US, so the gain from such lawsuit would be negligible. If I was rich enough, I might have gone for it, just because of the way they treat their customers.
Dorota