Legal Question in Technology Law in Tennessee

loss of data by computer repair service

I had a virus removed from my computer and they were supposed to back up the data, but instead the lost 90% of the data. The data was mostly bills, estimates, and hundreds of pictures for my husbands business. I am a photography student and my student work was also lost. I stopped payment on the check. Can I sue them for the replacement cost of having a photographer retaking hundreds of pictures and traveling? Can they sue me for the $200?


Asked on 5/28/08, 8:14 pm

1 Answer from Attorneys
Nanette Gould Nanette J. Gould, Attorney at Law

Re: loss of data by computer repair service

What does the service agreement say? You must have signed some kind of contract stating what they were responsible for and what your remedies were if they didn't perform. If you don't have a work order that spells out terms you don't have much to work with. You could take them to small claims court but you would have to prove your damages, and you would not be reimbursed for the cost of re-taking the pictures without proving their monetary value. They would probably file a counter-claim for the money you owe them, if you haven't paid them. With the information you've given, I'm not sure I could recommend an action.

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Answered on 6/01/08, 12:54 pm


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