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Electricuted and battery acid burned desk due to badly 'repaired' keyboard, company denies liability?

Discuss anything to do with property law - buying, selling property

Electricuted and battery acid burned desk due to badly 'repaired' keyboard, company denies liability?

Postby eochaidh94 » Wed Mar 07, 2012 8:23 pm

What financial damages did you suffer because of this? You can only sue people for quantifiable monetary damages. Did you go to the hospital? All you'd be able to receive from them if you even won your lawsuit (which you might not if the release you signed is legal) is compensation for your medical bills and lost wages.

It doesn't even sound like you missed any work or even went to the emergency room, so what financial losses would you be suing them for, exactly? The cost of repairing the small hole in your desk?

Also, as you admit, YOU stupidly touched the acid after seeing it burned your desk, so there's a lot of factors working against you. I just wouldn't do business with them again and leave it at that.

Oh and the next time you see some substance eating away at your desk or anything else, you might not want to touch it.
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Electricuted and battery acid burned desk due to badly 'repaired' keyboard, company denies liability?

Postby laureano97 » Wed Mar 07, 2012 8:27 pm

what are you talking here? 30 or 40 pound at most to buy a fancy new bluetooth keyboard and mouse by a name brand maker.

the solicitors alone would eat up far more than that. be practical, man. drop it.

***
such disclaimers of work quality are only effective to the extent permitted by law. I'm thinking you should read the Act your friend cited for you ... and then remember just how much evena consultation will cost.

***
technology wise, the only think I can think is that a lead-acid battery is inside the wooden housing for the keyboard. Since it was custom made, the fellows trying to fix it had to use whatever they could find of the proper voltage that would fit into the space available. Seems that the parts used weren't of top quality.

the shock when depressing the letter e seems very strange indeed ... the letter key itself must be metal and there's something a bit wrong [exposed connection?] underneath.

but really -- seems like an awful lot of hassle for a small outcome.
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Electricuted and battery acid burned desk due to badly 'repaired' keyboard, company denies liability?

Postby wahchintonka48 » Wed Mar 07, 2012 8:29 pm

The first thing is the exemption clause denying liability. This clause is not enforceable except under certain conditions (such as you specifically signed it BEFORE they did the work, or that you have traded with them regularly in the past and always accepted that condition.) It is, in general, not possible to rely on an exclusion clause to limit your liabilities either in statute or in common law.

They certainly cannot exclude liability for their own negligence, they have a duty of care to their customers, and an implied term of the agreement would be that they perform the repairs with reasonable care and skill.

Yes, you have a case.
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