Need to prove manufacturing defect

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This is a sequel to thread "Toshiba laptop plastic fault" started on
27-02-06 comp.sys.laptops. It read "On my Satellite P20 suddenly I
noticed 2" crack on backside of monitorflap near the hinges. I see no
good reason for this crack except materal fatigue of the plastic.
Anyone with similar experience."

I appreciated Barry Watzman's followup.

A semi legal advice says I need a written certification from "expert"
that material, too tight hinges, caused the crack and not any abuse
from the user. On the thread I stated "In fact since I have bought it
over 19 months back I have not taken it out to anywhere for more than 3
times, last time being 8 months back. I use it as desktopPC and there
is no child in the house who would sit on the machine. Yes every time I
use it I open the lid and then shut it tight so keyboard does not
collect any fine dust. This can happen 3 times during the day."

I have taken the laptop to Dealer's Service Centre that is authorised
Toshiba Service Centre.
First time I took it there dealer used my laptop as pad to write a note
on it. I did tell him that I never use my laptop as support to write
Second time I took it there he said the crack is due to stress of
opening and closing of the lid that functions as monitor.

I have written to the Dealer+Service Centre to give me in writing what
he said orally to me.

Will appreciate any advice, comment on this issue.

I am prepared to spend to some time to get Toshiba own up.

I have extended warrenty on the laptop upto 26-06-07, having bought it
on 27-06-04.


Re: Need to prove manufacturing defect

Romanise wrote:
Quoted text here. Click to load it

The subject of product defects is the sad and dirty story of notebook
computers, the dictatorial provisions of warranties, and the deliberate
failure of vendors to stand behind their failed products.  I am at a
loss to find another consumer product that has so few consumer
protections from abject failure to perform as does the notebook computer.

For what it's worth, I've had exceptional responses from Toshiba's U.S.
service centers for warranty repairs/replacements even when it is
obvious that some user abuse was part of the failure.  My target of
choice would be Sony who have up front, deliberately, failed to respond
to significant failures in complete lines of their notebook computers.

Frankly, I think that the only way that a case for failure to perform,
fraud, etc., can be prosecuted is if the notebook computer were
purchased and tested with a verifiable chain of evidence and by
qualified testing personnel, i.e., institutions like Underwriters
Laboratories, Southwest Research Institute, and the like.  Consumers
Union might work.

As an individual, there are far too many unknowns in the usage history
to make a case.  About all that I would think might have some value is a
complaint to your jurisdictional trade regulator like the Federal Trade
Commission in the US.  Your warranty might reveal that you have
putatively agreed to restriction of your rights to pursue a case in court.

For the price of complete replacement I doubt that you could afford the
services of a *reputable* attorney to help press your claim.  The
vendors know this and they are not worried.


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