QUESTION
Can I sue the computer manufacturer for the anxiety and inconvenience the laptop has caused?
Asked on Sep 03rd, 2012 on Personal Injury - New York
More details to this question:
My laptop caught was on fire while I was away from my home two days before my wedding. Damage to my home was caused and was covered by insurance. My insurance company was inspecting the computer with representatives from the computer company and the battery manufacturer to determine fault. If my insurance company sues for the money to cover the claim, can I sue for issues on top of that such as anxiety of thinking a fire will happen every time I leave my home and the stress of having to deal with this two days before my expensive wedding and honeymoon.
15 ANSWERS
Tax Attorney serving North Smithfield, RI
at
The Law Offices of Mark L. Smith
Update Your Profile
No.
Answered on May 22nd, 2013 at 4:18 AM
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Yes.
Answered on May 22nd, 2013 at 4:06 AM
William C. Gosnell
No. Mental stress is not available This is a Property damage claim only.
Answered on Sep 12th, 2012 at 2:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Under the circumstances described, no.
Answered on Sep 12th, 2012 at 2:57 PM
That's an interesting claim. I've been watching these cases and waiting for the right damage case, which you certainly seem to have. Yes you can sue for emotional distress. In the practice of personal injury law the court refers to the damage element you're referring to as emotional distress damages. And certainly a bride having to deal with a house fire at the time of her wedding would quality.
Answered on Sep 12th, 2012 at 2:57 PM
NO. You cannot claim EMOTIONAL DISTRESS for a business contract. O/W everybody would sue the automotive companies for thinking about "potential" car accidents.
Answered on Sep 12th, 2012 at 2:56 PM
Lisa Hurtado McDonnell
Anyone can sue anyone. The question is are you willing to pay to sue someone? Product Liability lawsuits are extremely expensive and I don't see a lot of attorneys who are willing to take this case on a contingency. The exception might if you search the internet, to find a class action lawsuit and join the class.
Answered on Sep 12th, 2012 at 2:56 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
at
Lapin Law Offices
Update Your Profile
You probably cannot sue the computer manufacturer for your "anxiety," "inconvenience" or "stress." you suffered as a result of the battery failure and fire. First, the laptop presumably came with a Limitation of Liability provision, which probably limits the damages you can recover to either repair or replacement. It would specifically exclude claims for any type of emotional distress. Second, if you overcome this limitation, you likely would not have a claim for "anxiety" as you were not there when the fire occurred. You generally cannot make a claim for general anxiety due to a slim possibility of something occurring again. Third, as to any claims for "stress" or "inconvenience" you do not really indicate how you were inconvenienced or stressed. I understand this occurred 2 days before your wedding but you do not indicate, at least in the information you provide, how your wedding or honeymoon was effected. My answer applies to bringing a claim under Nebraska law. You might have a stronger case and may be entitled to money for your "emotional distress" under the law of a different State. You could probably bring a lawsuit under the State in which the laptop was manufactured or the company is headquartered. Without knowing what type of laptop it was I cannot list what States you could bring a lawsuit and whether those laws might be more favorable to your claims. You probably should talk to an attorney about your case.
Answered on Sep 12th, 2012 at 2:46 PM
Civil Litigation Attorney serving Aptos, CA
at
Richard E. Damon, P.C.
Update Your Profile
No, generally you cannot sue for anxiety caused by your fear of future malfunctioning of a laptop. Also, the fact that the laptop fire occurred 2 days before your wedding is probably not something for which you can recover additional damages other than the expense incurred in cleaning up after the fire and the cost of a replacement laptop. Unless the anxiety is so great that you have received psychotherapy and have been diagnosed with something like post traumatic stress.
Answered on Sep 12th, 2012 at 2:46 PM
Ronald A. Steinberg
No. Emotional damages are NOT part of a commercial contract, unless that contract specifies that they are. You can sue for property damage, and other provable damages, but not hurt feelings or "anxiety," and not "inconvenience." If you had to hire someone to do things because the loss of the laptop prevented you from doing them, you could collect, but only if you can prove the damages.
Answered on Sep 12th, 2012 at 2:45 PM
You should consult with a plaintiff's product liability lawyer for specific legal advice and direction regarding your individual and complete recovery for the alleged defective laptop.
Answered on Sep 12th, 2012 at 2:45 PM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
No, those are not damages in a products case.
Answered on Sep 12th, 2012 at 2:45 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You can always sue. The question is: can you collect? Does not sound like much of a case and I doubt a lawyer would help you even if you paid him by the hour. Most lawyer s will not take a case unress they think you have a viable claim that will pay for itself. This does not seem like such a case.
Answered on Sep 12th, 2012 at 12:45 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
at
Downriver Injury & Auto Law
Update Your Profile
It is unlikely that the insurance compa ny will allow you to join their subrogation action.
Answered on Sep 12th, 2012 at 12:39 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
No, because you were not home at the time. In New York, in order to recover for psychological injuries, you must show that you were in the "zone of danger" at the time of the event.
Answered on Sep 12th, 2012 at 12:39 PM