It appears I am going to be sued (?)

[coffee]

Background:

I had a client by a new laptop (refurb) from me. This was to replace her old one. Clearly her old one was really abused.

- The hinges where they attach to the top screen portion of the laptop where broke and barely holding on.
- The DC Jack is broken (lose) needs to be replaced.
- Keyboard missing keys
- Screen damaged somehow.
- The screen shell is broke and when removed came off in many pieces.

She asked if I can repair it. I looked it over at the shop and said it would be probably about 150.00 to repair everything. She OKd that but later found that the screen is damaged and its not just "Paint" on the screen as she said. So, I told her it was not worth repairing.

So, This thing was just falling apart in my hands really. I returned it to her and she got mad and said that it worked before I touched it. Im sure it still works but the hinges are no longer attached to the screen shell.

So, She says that she is going to sue me. ?

She is texting me this right now. I told her that since she is going to sue me then there is no reason to talk further and have your lawyer call me.

opinions?

 

[dgoglio]

You should have a check-in form that clearly states any existing damage and have the client sign it. Also, verify if it even boots at that point and note on the form.

Bottom line is she wouldn't have a leg to stand on. If $150 for repairs was too much and she is buying a refurb laptop she doesn't have the money it would take to sue you. I would just state to her one final time that the laptop was not functioning and was not repairable and leave it at that. Do not reply to any of her other messages.

 

[River Valley Computer]

I'm confused - did she buy a refurbished unit from you after it was determined not cost effective to repair her old one.

Hind sight is 20/20 but I would have checked it over while she was checking it in - then she would have been aware of most of the problems.

We had a customer take us to court on a similiar issue and fortunately the judgement was in our favor.

 

[coffee]

She bought a refurb from me. My thinking was that it is a replacement for her old one. Evidently she wanted to have the old one repaired. I took it to the shop and opened it (lid/screen) and it basically broke away from the top shell of the screen where the hinges connect. I then noticed the weird damage on the screen (black blotches) and called her to let her know it was really not worth repairing because it would need also a new screen.

Just got off phone from my lawyer and sent him this pic of the laptop. He said (after some laughter) "dont worry about it". Obviously it was on its last legs and what is she going to sue you for? An new laptop?



Once again:
DC Jack is very loose - needs replacement
Screen is damaged
Screen shell is damaged
Keyboard is damaged
Customer said battery is not charging - Probably either dc jack or MB issue

Pretty sad looking laptop.

 

[coffee]

You should have a check-in form that clearly states any existing damage and have the client sign it. Also, verify if it even boots at that point and note on the form.

Bottom line is she wouldn't have a leg to stand on. If $150 for repairs was too much and she is buying a refurb laptop she doesn't have the money it would take to sue you. I would just state to her one final time that the laptop was not functioning and was not repairable and leave it at that. Do not reply to any of her other messages.

When I was dropping it off she went into a fit of rage and was holding the laptop by the base with the screen dangling by the inner cables . Wish I got a pic of that.

 

[Porthos]

I used to own one of those. Good ole 1545.

This is why when it comes to selling laptops, I only sell e6530's or e6540's. they are built like tanks and it takes a whole lot to damage them and parts are cheap. If they can not afford the about $450 (e6530) I sell those for I dontsell them anything and let them go to best buy and I will do the data transfer.

 

[coffee]

I used to own one of those. Good ole 1545.

This is why when it comes to selling laptops, I only sell e6530's or e6540's. they are built like tanks and it takes a whole lot to damage them and parts are cheap. If they can not afford the about $450 (e6530) I sell those for I dontsell them anything and let them go to best buy and I will do the data transfer.

Yes, Thats probably where she got that one. I sold her the replacement one that works just great. Has lots of options (i.e. lighted keyboard...) .

I really didnt see this coming. Thank heaven I took a pic of it on the bench. Would have been better if I took the picture in her house. However, How many techs will sit and take pics of peoples hardware everytime they do a service call?

I will just let her make the next move. I do not know what she would be suing me for. I transferred all her stuff over to her new laptop and didnt even open her old one at the shop except for the trim on the screen shell. It came off in pieces and the back side the shell fell right off where the hinges screw in.

Basically if I were an emergency room doctor and a patient made it there but died on the table then its my fault? Also kinda like the old "Hot potato". I was holding it when the music stopped.

 

[SAFCasper]

I'm no legal expert but surely all she can sue for is the value if the laptop? She would then be considered "made whole" and case closed.

Even in good condition it wouldn't be worth much over $100, never-mind with the damaged keyboard, screen and DC jack. I think even $50 would be a very generous valuation.

 

[coffee]

Well, This is a first for me - being sued (if she actually does).

I was a bit scared at first but talking to my Attorney I really am not bothered at all by this. After all, I did not even charge her a bench fee or anything. As soon as I saw the screen was indeed bad then the price of repair is too much and time for a new laptop.

Thank you for your input (and everyone else)

 

[sapphirescales]

I have one of those 1545's sitting right here on my desk in almost perfect (9/10) physical condition. I'll sell it to you for $20. It's a pretty slow laptop by today's standards. Maybe you should give her my number - LOL.

 

[coffee]

I have one of those 1545's sitting right here on my desk in almost perfect (9/10) physical condition. I'll sell it to you for $20. It's a pretty slow laptop by today's standards. Maybe you should give her my number - LOL.

Naw, She would probably end up suing you too lol

If this thing actually does happen I might contact you and buy it.

 

[Markverhyden]

Naw, She would probably end up suing you too lol

If this thing actually does happen I might contact you and buy it.

Look at it this way. @sapphirescales is willing to take one for you! LOL!!!

I doubt she'd get/go far. Maybe some bottom feeder lawyer might write a letter or two hoping to scare you out of a few hundred. Just another extremely squeaky wheel. Most of the time someone like that is just as bad with a waitstaff that brings them lukewarm soup.

 

[coffee]

lol.

Dont get me wrong. I really appreciate the offer from @sapphirescales - very much.

I might do that indeed. However, I want to see how this goes first.

Too bad we cannot sick the @Kraken on her!

@sapphirescales - Greatly appreciated. Nice to know when your back is a bit against the wall there are allies

 

[NETWizz]

I wouldn't worry about it if it were me. It is always better to do customer service than deal with the expense of litigation because you are always out your defense cost, and this entire laptop isn't worth much. The way I see it, you have two options.

If it fell apart in your hands, and you admit that then you likely have a duty to return it in the same condition it was. You admit to handling it and giving it back to her in a poorer condition. That alone is enough of an admission to probably be pushed into stipulating to a settlement though it is not worth much, and she isn't entitled to punitive damages.

If you really want to push the issue, your argument is that you weren't negligent. You did not breach a duty that caused the damages plaintiff seeks. Additionally, you disagree with the dollar figure if would cost to repair to its pre-loss condition.

But you have two options: Customer Service, or Silence. This customer will probably go away as do most that threaten to sue. Want to deflate her, tell hell her to have her lawyer contact you. If you do get served, then you must answer to not default. Of course, begin with a general denial of ALL claims, and send a full set of interrogatories. At some point, force a deposition. Remember, if she sues to make it a painful experience for her. Also subpona all her financial records etc.

Next, if you go to court, demand a trial by jury. Neither party gets to refuse to take the stand, so she MUST go first otherwise there is no claim. Make sure to cross examine the hell out of her.

If you happen to loose pay the judgement, but file an appeal. She won't have paid her lawyer to cover the appeal, and it will cost her more. If she doesn't pay the lawyer the second time and doesn't show, your appeal will probably be automatically granted and any judgement she got from you vacated.

Again, make sure to have fun if she sues. Also be sure to file at least one legal brief, and don't forget to make her defend a motion to dismiss before trial, too.

***

If your state has Alternative Dispute Resolution (ADR) requirement before trial or it is optional, demand it. Pick a mediator that costs about $300 per hour making it take 2 hours. Remember she must pay half the mediation. If she refuses to agree to it and it is a requirement in your State, seek a court order compelling her to go to mediation otherwise forfeit the case.


All that I am saying is that in the United States generally speaking each party pays their own costs in litigation. It's your job to make it cost her more than that laptop, such that it costs her at least $500 in fees (not including her attorney) - then if she wins the $150 will seem like a shallow victory.

****

Personally, I would make up my mind how I am going to approach this and then stick to it. If I broke something or it fell apart in my hand, I would probably "make it right" for that one issue even if I am truly not responsible.

 

[sapphirescales]

@sapphirescales - Greatly appreciated. Nice to know when your back is a bit against the wall there are allies

Sure thing. But I'm sure you'll be fine. Clients like this are just whining, hoping you'll give them free money or other freebies in an effort to provide good "customer service." But If I were you, I'd do whatever you can to appease her so she doesn't write a bad review. The threat of a lawsuit is just smoke, but a bad review is a real possibility. One bad review can cost a business tens of thousands of dollars in lost business. It may not be right, but I'll do everything I can to appease clients like this. My goal of course is to screen these bad clients out so I don't end up in this position, but if I'm ever put in the position of possibly receiving a negative review, I do everything in my power to avoid it.

It's sort of like how Amazon will replace/refund a package even if the tracking says that it was delivered. They eat the cost in order to provide good customer service. Yes, people abuse the system. But not losing money is not as important to Amazon as maintaining their reputation.

 

[Diggs]

But If I were you, I'd do whatever you can to appease her so she doesn't write a bad review. The threat of a lawsuit is just smoke, but a bad review is a real possibility. One bad review can cost a business tens of thousands of dollars in lost business.

This is what I'd be worried about, not the lawsuit.

 

[Big Jim]

wait!

buy the laptop off sapphire.
Tell the client you will have another look at it to see what the actual problem is.
put her HDD in the one you bought from Sapphire.
give her sapphire's laptop and tell her you managed to sort it
Charge €150.

winner winner chicken dinner

 

[Kitten Kong]

wait!

buy the laptop off sapphire.
Tell the client you will have another look at it to see what the actual problem is.
put her HDD in the one you bought from Sapphire.
give her sapphire's laptop and tell her you managed to sort it
Charge €150.

winner winner chicken dinner

ah nice idea in principle, but it would mean sapphire giving up his anonymity. i cant see that happening for $2000 yet alone $20. lol

ps @sapphirescales i will remove this post if you would like me to. i say all the above in complete jest.

 

[nerd2u]

From her actions it sounds like her plan from the very beginning was to claim a lawsuit.


Sent from my SM-G870W using Tapatalk

 

[Markverhyden]

ah nice idea in principle, but it would mean sapphire giving up his anonymity. i cant see that happening for $2000 yet alone $20. lol

ps @sapphirescales i will remove this post if you would like me to. i say all the above in complete jest.

I think @sapphirescales skin is thick enough to handle that.