Legal Question in Technology Law in California

I bought internet security software which apparantly has let a virus into my computer. They have a General Liability Exclusion clause in their paperwork of which I was unaware until now. Can I still sue them, for negligence, implied warrantly, fraud?


Asked on 10/19/09, 2:06 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You can always sue someone for a supposed wrong, but in this situation, I think your chances of prevailing would be very slim. Malware and viruses are always mutating, and no security software provider can foresee all kinds of possible attacks. The disclaimers furnished with the software doubtless anticipate suits such as the one you'd bring and a team of lawyers has worked hard and examined the precedents to design the disclaimers to protect the software company from such suits. The one suggestion I might make is to surf the Web to see if anyone else has a similar problem; possibly there is a potential or actual class action being pieced together.

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Answered on 10/19/09, 3:10 pm


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