Legal Question in Technology Law in New York

computer repair shop erases essential data without permission, can I sue?

I brought a computer into a known repair shop for a new motherboard. I expressly wrote in all the paperwork that I did not give permission for the hard drive to be overwritten, as well as putting a sign on the computer itself that said '' do not overwrite harddrive''. The technician ignored all warning and without notifiying me the went ahead and overwrote the hard drive losing all my data. Data lost included unrecoverable photos/headshots I use in getting acting jobs and original music files that I spent weeks recording as well as 4 new songs I was in the process of writing that are no lost forever along with any potential future income from them. Also lost were other promotional photos & postcards that will all have to be reshot and redesigned and the music will have to rerecorded.

I also lost serveral webdeign files for clients that hire me to work on their websites and I may have lost their business because of this.

Since the technician was grossly negligent in ignoring my warning to not overwrite a drive that was not in need of fixing in the first place, do I have as a legal recourse to sue the repair shop for rembursment of my losses?

Please advise,

Thanks


Asked on 11/20/02, 3:12 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: computer repair shop erases essential data without permission, can I sue?

You may have an action.

However, it is my understanding that it is standard in the industry to reformat the hard drive when installing a new motherboard.

Also, you must look toward the contract that you signed with the computer shop. It may contain language stating that the hard drive may be reformatted. If that is the case, you assume the risk when you had the computer repaired.

Finally, there is an issue of your own negligence that would reduce a possible award. You were negligent in not backing-up the information on your hard drive. This is a practice that is well known, reasonable, and recommended throughout the industry.

Mike.

Read more
Answered on 11/20/02, 8:26 am


Related Questions & Answers

More Computer & Technology Law questions and answers in New York