Can I take legal action against Samsung for loss of data on faulty tablet Can I take legal action against Samsung for loss of data on faulty tablet
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  1. #1

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    Default Can I take legal action against Samsung for loss of data on faulty tablet

    I received a Samsung tablet Xmas Day. I took photos and videos on Christmas Day with it. Three months later it just imploded and stopped working. I asked Samsung to fix it but they said they will take it and reset the memory. Which I didn't want to happen.

    I am currently locked in battle with Samsung they are arguing that it states in the warranty card that they are not responsible for the loss of data. I am arguing that it was unforeseeable and unreasonable top of the range product would just stop working and therefore they are responsible. Can I argue that the term in the warranty card is unfair?

    They have offered to try and fix my tablet, pay me the £105 MCOL fee and a £100 sign of goodwill.

    I have asked for £2,800 for the loss of the family videos and photos and £200 for the value of the tablet.

    They have told me if I proceed they will seek to claim their legal costs from me. How likely is it I will have to pay their legal costs if I lose and have I got a case I can win?


    It doesn't sit right with me that a company can produce a product then if it just breaks 3 moths later cannot be held accountable for any data loss.

  2. #2

    Prof Cunning @ Oxford Uni

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    Quote Originally Posted by Sam170582 View Post
    I received a Samsung tablet Xmas Day. I took photos and videos on Christmas Day with it. Three months later it just imploded and stopped working. I asked Samsung to fix it but they said they will take it and reset the memory. Which I didn't want to happen.

    I am currently locked in battle with Samsung they are arguing that it states in the warranty card that they are not responsible for the loss of data. I am arguing that it was unforeseeable and unreasonable top of the range product would just stop working and therefore they are responsible. Can I argue that the term in the warranty card is unfair?

    They have offered to try and fix my tablet, pay me the £105 MCOL fee and a £100 sign of goodwill.

    I have asked for £2,800 for the loss of the family videos and photos and £200 for the value of the tablet.

    They have told me if I proceed they will seek to claim their legal costs from me. How likely is it I will have to pay their legal costs if I lose and have I got a case I can win?


    It doesn't sit right with me that a company can produce a product then if it just breaks 3 moths later cannot be held accountable for any data loss.
    Questions: Did you set the product up to perform backups?
    Which model of Samsung tablet was it?
    Where did you get it from?
    What happened that it "imploded"?
    Have you had someone look at it to check what the issue is?
    How can you sue someone for loss of data when at this stage you have refused to let them try to fix it?
    Have you got a solicitor working for you (and not one who is "no win, no fee")?
    How have you come up with a value of £2,800 for the photos and video? If they are so valuable, why did you not back them up?
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  3. #3

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    Quote Originally Posted by Sam170582 View Post
    Three months later it just imploded and stopped working.
    Ah, accurate descriptions of events are a sure way to win a case... aren't they?

    They have offered to try and fix my tablet, pay me the £105 MCOL fee and a £100 sign of goodwill.
    That's gonna be tough if it's imploded.
    I have asked for £2,800 for the loss of the family videos and photos and £200 for the value of the tablet.
    £200 for value of a tablet
    £2800 for the loss of family videos
    Free cloud storage - Priceless...

    Honestly. 2800 for some photos from 6 months ago? They must have pissed themselves laughing when that demand landed.
    They have told me if I proceed they will seek to claim their legal costs from me. How likely is it I will have to pay their legal costs if I lose and have I got a case I can win?
    100%. No.
    They are likely to sue you for £2.5mil for hurt feelings as well.
    It doesn't sit right with me that a company can produce a product then if it just breaks 3 moths later cannot be held accountable for any data loss.
    Sometimes personal responsibility > Warranty.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  4. #4

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    They express no warranty for loss of data due to the value of such data being an arbitrary amount, such as £2800.

    It is expected that anyone using a device to capture personally valuable data takes responsibility in mitigating the loss of such data by way of backups.

    Accidental damage or theft would have left you in the same crappy position.

    Do whatever you feel is right regarding the legal action but I'd be looking at ways of recovering the data, either DIY (see what details are available on line for extracting the storage card/drive to see if it is dead or accessible) or investigating using a data recovery service.

    I would't trust a corporation such as Samsung to not delete the data as part of any agreed rectifying of goods. So would need to see if they would still honour the warranty after taking steps to recover the data.

    You could try claiming on your house contents insurance (for accidental damage) as they will likely not need to take the faulty item so you are left with the ability to try to get the data retrieved and also not out of pocket for the device.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

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    Don't forget to stamp your feet when you tell them it's not fair.
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    Quote Originally Posted by northernladuk View Post
    Don't forget to stamp your feet when you tell them it's not fair.
    I hear tears work really well for Samsung...Not so much for Apple

  7. #7

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    Default Can I take legal action against Samsung for loss of data on faulty tablet

    Yes you can.

    Thank fook you didn't ask "Should I take legal action against Samsung for loss of data on faulty tablet"

    (Mods can we move to General please)
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

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    Quote Originally Posted by Sam170582 View Post
    I received a Samsung tablet Xmas Day. I took photos and videos on Christmas Day with it. Three months later it just imploded and stopped working. I asked Samsung to fix it but they said they will take it and reset the memory. Which I didn't want to happen.

    I am currently locked in battle with Samsung they are arguing that it states in the warranty card that they are not responsible for the loss of data. I am arguing that it was unforeseeable and unreasonable top of the range product would just stop working and therefore they are responsible. Can I argue that the term in the warranty card is unfair?

    They have offered to try and fix my tablet, pay me the £105 MCOL fee and a £100 sign of goodwill.

    I have asked for £2,800 for the loss of the family videos and photos and £200 for the value of the tablet.

    They have told me if I proceed they will seek to claim their legal costs from me. How likely is it I will have to pay their legal costs if I lose and have I got a case I can win?


    It doesn't sit right with me that a company can produce a product then if it just breaks 3 moths later cannot be held accountable for any data loss.
    Get Apple to fund your legal case.
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  9. #9

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    Quote Originally Posted by SimonMac View Post
    Yes you can.

    Thank fook you didn't ask "Should I take legal action against Samsung for loss of data on faulty tablet"

    (Mods can we move to General please)
    To be fair the OP posted it in there first
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  10. #10

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    Quote Originally Posted by Sam170582 View Post
    I received a Samsung tablet Xmas Day. I took photos and videos on Christmas Day with it. Three months later it just imploded and stopped working. I asked Samsung to fix it but they said they will take it and reset the memory. Which I didn't want to happen.

    I am currently locked in battle with Samsung they are arguing that it states in the warranty card that they are not responsible for the loss of data. I am arguing that it was unforeseeable and unreasonable top of the range product would just stop working and therefore they are responsible. Can I argue that the term in the warranty card is unfair?

    They have offered to try and fix my tablet, pay me the £105 MCOL fee and a £100 sign of goodwill.

    I have asked for £2,800 for the loss of the family videos and photos and £200 for the value of the tablet.

    They have told me if I proceed they will seek to claim their legal costs from me. How likely is it I will have to pay their legal costs if I lose and have I got a case I can win?


    It doesn't sit right with me that a company can produce a product then if it just breaks 3 moths later cannot be held accountable for any data loss.
    I would think if you lose it will be very likely you have to pay their costs, as you brought about the action, but then IANAL

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