Product Liability Question

[Jax]

As far as the 'eaches' goes for returning a can't-be-fixed computer, the OP is out of luck.

However, if there is a systemic issue, the firm is liable.

Some years ago, around late 90's, early 00's, Uwatec's TEC or Z Computer (IIRC) had an algorithm issue in that once you set the Nitrox level, the algorithm assumed you continued to breath that same Nitrox level during you surface interval.

A few divers (about a dozen, again, IIRC) got bent because they dove aggressively and were back in the water to dive deep again to the second.

Uwatec recalled the computers and issued new ones. The management left or was fired, because the engineers reported the problem and the management just said, "Meh."

Just like why the Challenger blew up.

 

[H2Andy]

Can you give us non-lawyer types the fisher-price version of the difference?

warranty is the duty of the manufacturer to replace or refund an item that fails to function properly within a given time frame (I'll guatantee that this item you purchased will work for X amount of time without defects, and if it doesn't, I'll replace it or refund you: guards against a defective instance of an otherwise good product)

strict liability: if I sell you an item that is defective as a matter of design or manufacture, even if the warranty has expired for your particular purchase, I'm responsible for it because ALL of the same product were defective. so if I sell a bum product, even if your particular warranty has expired, you can come after me because the product was defective to begin with.

sort of like "this one computer I bought was put together wrong" vs "all of these computers had a design/manufacture flaw that rendered all of them wrong."

the trouble was that you could get around expired warranties by claiming flawed design/manufacture and that took money to defend even if the case was bs.

in products like GA airplanes that had a useful life of 30+ years, manufacturers were having to defend thousands of cases which, even if without merit, took lots of money to settle or take to trial (always a gamble)