Should my extended warranty cover what appears to be a product defect?

Asked over 1 year ago - Paso Robles, CA

I purchased my television a little over two years ago. I also purchased an extended 4 year warranty based on the the sales person telling me it covers anything that goes wrong with my television as long as its not damage that I caused (e.g., damage due to a product malfunction). Recently my television stopped working...screen just went black and a crack became apparent on the screen. I have seen other online complaints of screens suddenly cracking. When I tried to utilize my extended warranty, I was told a crack is physical damage which is not covered. There appears to be a product malfunction based on similar complaints being discussed online. I did not cause this damage and according to the sales person's description of my $400 warranty, this should be covered.

Attorney answers (2)

  1. Scott Richard Kaufman

    Contributor Level 20

    Answered . The other evidence is likely very helpful. You can go the small claims route in court fairly easily and be done in a short period of time. If you prefer, you can contact an atty to write a demand for you, which can usually be done for a modest fee. Even IF you caused the physical damage that is no reason to deny the other repair(s) so, try again and get them pinned down on this.

    http://www.calemons.com/

  2. Ronald Lee Burdge

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . If you didn't cause it, then it should be covered. But you'll have to prove it. Your sworn testimony may be enough but it will help if you have statements from others who know you and will say that you always take extremely good care of your property too. If you can't get it straightened out, then you will need to talk to a local consumer law lawyer near you. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). Scott Kaufman and Brett Shainfeld and Douglas Sohn frequently answer California questions. You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com

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    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your... more

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