Legal Question in Technology Law in California
Freelance computer repair liability limit
I installed a printer/scanner for a client & it worked. Later they insisted they could not scan 14 page documents & that their disk was giving ''full'' errors. They then improperly installed an external hard drive to fix it. Didn't help. They called & said they couldn't send their huge scanned files & said it was the printer's fault or mine. Their antivirus was set to reject large files. Later their system gave network errors when they tried to scan huge files. Their 97% full, shared, internal hard disk was kicking out all jobs. I told them I was not a network or hard disk specialist & to call a specialist. They agreed. (A month later they said they never saw the original specialist & fixed the problem on their own.) Later they want me to fix their USB hubs which died & I said to call the specialist. They then installed their own USB hub & then called me to tell me their camera was not working & that the printer was giving an error message. I told them to see a specialist. They have messed around with their systems for a month & who knows what they did. They improperly installed an external hard drive & later a USB hub. What is my liability? Was no contract. No guarantee given. What should I say if they call & insist I come out.
2 Answers from Attorneys
Re: Freelance computer repair liability limit
Just as good fences make good neighbors, good contracts can help forestall disputes. HIRE A LAWYER to write one even if you have to spend some money. It will be worth it. Google or ask another freelancer what he or she uses, then take that one to a lawyer who is not clueless about technology.
Re: Freelance computer repair liability limit
As far as your current liability you have two choices, to make sure the printer is not working due to the other installs. There was nothing improper about adding an external harddrive, I fail to see the connection. As far as your liability should you decide to breach the implied warranty of fitness, generally you will have to make such reparations (money) that would put the company back in the same position had they not hired you. They are going to argue how much time was lost dealing with this issue, and you are probably going to claim the price of the contract and no more, as that is the only "foreseeable loss."
Good luck with this.
JOshua D. Hale
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