Do I have a case to sue the manufacturer of my computer for negligence?

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Do I have a case to sue the manufacturer of my computer for negligence?

I purchased a laptop and had the manufacturer’s representatives help transfer all of my pictures, documents, files, and programs. However, they did not transfer them properly to my computer or my external hard drive. Once the representative assured me that everything was supposedly properly transferred to my new computer and my external hard drive, my old computer was wiped clean so I could give it to my daughter. I am in need of the pictures and files now and when I went to get into the

pictures, files and programs they were lost, corrupted or damaged. Both the computer and external hard drive are the issue. I have all of the emails and documentation from the representative who helped me last year. I have spoken with the manufacturer and they are freaking out to try and restore all of it but they have attempted everything and they now have sent it to their highest division to try and find pictures, files and programs. My biggest concern is the pictures are of my family and lost pictures of my

children, my military career, and basically my entire life saved that are possibly gone.

Asked on November 29, 2018 under Business Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue the computer manufacturer for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable computer manufacturer would have exercised under the same or similar circumstances to prevent foreseeable harm). It may be difficult to determine the amount of damages (monetary compensation you are claiming) for the lost files, pictures, documents, programs, etc.


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