Burden of Proof / Independent Report

Bellalolo

Hi,
I have a faulty laptop that fault occurred when only 3 months old, retailer inspected and refused to repair as they claim fault is due to misuse. Basically opening laptop from corner of lid which has flexed the screen and cracked it. Inner screen not hard outer screen and caused liquid leak.
They have given report on this after third time sending away to their techs but basically assume this reason but does not prove it.
Have raised small claims action as this has been going on for 4 months.
They have sent a letter stating their reason and implied I get an independent inspection, question is do I really need to do this? Also the user guide for laptop does not specify how to open the lid, from centre or as retailer claiming not from corner and retailer has failed to advise where this in shown. please note I argued other reasons could have caused. Will consider independent inspection if required. Thanks

unholyangel

Of course a independent report would be a good idea.....but for them. Not for you. Within 6 months the fault is assumed to be inherent and it is up to the retailer to prove otherwise.

They need to get a report stating it WAS due to misuse, not merely assume it was. If they had already done this, i imagine they would have logged this with the small claims as their defence.

Esqui

Wait, just to get this straight...you have damaged the screen on your laptop by opening it from the corner, apparently because the manual didn't tell you otherwise? And then you want the retailer to fix it because they can't completely prove what caused it?

Bellalolo

Thanks Unholyangel.

Esquire, I did not damage by opening the lid by corner it is what their report assumes but when they state misuse but user guide does not detail it how can it be misuse. They did not report on any other possibilities of fault. It,s 3 months old and has supposed obtained a fault by opening the lid, it's a laptop!

Esqui

Putting enough strain on the corner of a laptop screen when opening it can often cause the screen to crack from the corner. 99.9% of the time, in my experience, this is the only cause. LCD screens are fragile in nature, and when strain is put on them, they can quite easily crack. And while the user guide may not specifically say "don't open from the corners", it may make reference to not putting undue strain on the screen.

When you say their report assumes misuse, how do you know it's an assumption? I would imagine if it's been to a repair centre, then an engineer would have had a look at it, and produced that report.

unholyangel

Esqui wrote: »

Putting enough strain on the corner of a laptop screen when opening it can often cause the screen to crack from the corner. 99.9% of the time, in my experience, this is the only cause. LCD screens are fragile in nature, and when strain is put on them, they can quite easily crack. And while the user guide may not specifically say "don't open from the corners", it may make reference to not putting undue strain on the screen.

Could also tell you how to open the laptop (ie click the button then lift from the middle) which would - imo - mean any other way of opening it would be outwith the manufacturers instructions.

However OP does say that this is what they have assumed, they dont actually state that this is how they have opened the laptop. Faults are deemed inherent in the first 6 months unless proven otherwise. If they cant prove otherwise then technically the fault should still be deemed inherent imo. I can suspect my bum is huge, doesnt make it true (although i suppose it depends what i'm comparing it to) :rotfl:

OP esqui (in my experience) does make valid points in the posts i've read of his so dont discount anything he asks/says

vyle

It's worrying how many people open laptops by the corner. Every time I sell someone a laptop they do that and I tell them NOT to do it, but to open from the middle, as if they break their own laptop like that, it won't be covered in the warranty.

Most people nod then continue to do it from the corner, disregarding basic physics.

Op, do you recall when or how it actually did happen?

Esqui

Oh, not at all. I'm aware it is possible for screens to crack without such pressure being put on them. It's just not all that likely, in my experience.

And anyway, open your laptop by telekinesis

CoolHotCold

Yes it does say the fault is assumed to be inheriant.

But in the case of screens that are cracked one could argue that since you have been using it for 3 months then it suddenly broke, and not just the screen turned off, but a fracture on the actual panel, by definition that is user error. Be it twisting the screen to picking it up by the screen, impact damage or leaving something between the screen and the keyboard etc.


Yes, sometimes there is a reason a screen breaks such as over tightening of the screws (not a issue nowadays) to design fault. If there is no sign of design or manufacture error then the only thing left is user error. And that is all they have to show in regards to the 6 months, That the screen was working fine for 3 months then broke, we uplifted it (3 times apparently) and found no manufacturing or design fault and consumer error was the culprit. They don't have to show what error, just that it wasn't faulty when purchased.

Bellalolo

When I say assume it is because none of the wording actually says "because of" it just uses "appears and seems" would proving the fact not require an actual factual statement? Do not have report in front of me so going on memory.
Laptop has no catch to open just lift screen, also user guide does not mention any force on screen and to get user guide laptop has to be opened and running as no paper copy given so would be to late by then.
Friend has also spoken with the IT crowd at work and they say they are always returning laptops with screen faults can be down to hinges and or misalignment of screen on manufacture and of course opening wrongly but of course they have no hassle as spend plenty money. Retailer has not proven it was not screen and/or hinges. Thanks so far.

vyle

In my experience, if it's hinge problems, that can be seen by the hinge itself being cracked, or the screen flickering when moving (Well technically that'd be an issue with the cables, but they are kinda in the hinges).

Also, the standard warranty wouldn't cover business repair, so your friend's employer probably has a super dooper agreement with their supplier which covers accidental damage as well as general faults, but likely costs so many arms and legs it'd give a millipede pause for thought.