Legal Question in Civil Litigation in California
Instead of reviewing my product they damaged it
I run a gadgets website, and I was having one of my products reviewed by a major gadget reviewer. They said (in writing) the product would be reviewed within the month, but eight months later they still hadn't reviewed the one I had sent them. Nine months is a very long time to wait for a review when dealing with these types of products, so I asked them to stop the review and send back my property. When I got it back it was in poor condition (scuffed and missing cables, instructions and packaging) It was basically of no value to me. I would like to know what my legal standing is in this case, and what you think the likelyhood of me getting paid for this item is. They claim that I must have some sort of loan agreement with them in order to be reimbursed. I think we formed a contract in the email that they didn't meet their end of. The full email text of our conversations is available if requested.
Thanks,
-Spencer
4 Answers from Attorneys
Re: Instead of reviewing my product they damaged it
For next time, have a lawyer draft an appropriate written agreement.
Re: Instead of reviewing my product they damaged it
I am not sure about your website. The right thing to do is...run a patentability analysis through an intellectual property attorney, file for a provisional application...then you can send out the prototype. I am not so worried about the damage to the prototype...but stealing the idea itself. Please take a look at my website at www.lawyers.com/amyghosh
Re: Instead of reviewing my product they damaged it
It MAY be possible to recover something for the damage done. That would depend upon your 'contract' or agreement. If you think the dollar value of the damage makes it worth spending the necessary legal fees to do so, contact me to discuss. If future, make sure you have a valid and enforceable contract with all these issues covered, before sending off product. I can help you with that kind of contract, so call if interested.
Here's a responsive answer to you Guru Question
The other answers don't look very responsive. Maybe I can give you some useful advice. Depends on the emails and correspondence -- I'll look at em if you like and I can give you a better determination. Also, how much is the gadget worth? This may be a small claims matter. What state are they(the reviewer)located? Best of luck.
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