Defective changing bag, legal case - advices?

[Richard Mahoney]

Colle,

Absolutely. I truly sympathize with your plight Colle. i really do-I've done some similar things (though less disastrous) in my time.........but relying on an untested critical piece of equipment for an assignment half way around the world? Dude! A brutally hard lesson in professionalism. ...

FWIW. At this point in my career based on my experience, if this happened to me I would chalk it up to experience and not let it distract me from my work.

A little over a week ago I returned to New Zealand from a two week stint in the UK and then The Netherlands to visit a client. Although I rarely use them, and generally have a loathing for them, I was obliged to take along a portable workstation -- read powerful, battery hungry laptop that should never be trusted unless plugged in. Not wanting to buy one, I lent the beast from someone I trusted.

Still, I had to spend a good few days, on and off, configuring the machine, then familiarizing myself with it, and then upgrading and testing and testing and testing it. Once I arrived it was absolutely essential that it just worked. Anything less and I would be wasting my client's time and money and more than likely their patience. After all this time I was still somewhat nervous. I simply hadn't had the machine long enough to put my trust in it. Even so, I thought I had gone a little way to reducing the chance of failure ...

This wasn't a photographic assignment but I took along two bodies and three lenses just the same. I had a lot of faith in these bodies -- an F3 and F5, one for B&W and the other colour -- but knew they could cover for each other if needed so took both, just in case ... And of course both were rattled around and abused but neither failed ... but it was another case entirely with the workstation ...

I'm not sure how many times I had to take the laptop in and out of my carry on to satisfy security but I can remember one thing. At Heathrow, just before the last flight before the three day meeting with my client, I got it back in two pieces. An over vigilant officer, it seems, had found it necessary to remove the battery pack. Thinking little of it, I clipped the system together again and moved on. It wasn't until later that evening that it became clear that the clips for attaching the batteries to the chassis had been sheared off. I usually carry a first aid kit so was thankful to have a good supply of band aids, all just waiting for such an opportunity to be useful, but ...

My old Nikon bodies and lenses spent about two weeks being roughly shoved into and pulled out of an old, unpadded fishing bag. My loaned, `military-grade' workstation, couldn't even make it through an over zealous inspection at a modern well maintained airport. Despite all my configuration, preparations and `testing', my equipment almost didn't make it to the meeting. I don't shoot teathered, but my God, I'd feel very vulnerable if I was obliged to. Most of us would be used to carrying a redundant camera body. How many of us lug around a redundant computer?


Kind regards,

Richard

[tbeaman]

There are laws to protect consumers. As far as I know, a manufacturer's warranty is not law, nor does it necessarily ascribe to the law. Warranties discourage (very effectively) but do not stand in the way of taking legal action if so desired.

Now that's theoretical/ethical. Practically speaking, there's no way to recover what you lost, so seeking damages can only do so much, and you may just end up with a legal bill and nothing else.

But I also don't think you should let these guys discourage you by insinuating it's your fault for not testing beforehand. I think it's reasonable to assume a product will work the way it's supposed to. Doesn't always happen in the real world, I know, and it pays to be prudent, but you have to be pretty cynical to say it's not reasonable.

[Frank Petronio]

I thought this was an intentional ironic joke.

Should have bought a Harrison Tent. Not even B&H is selling the Tundra anymore: http://www.bhphotovideo.com/c/produc...nging_Bag.html

[jp]

A changing bag isn't very high tech.

I usually work with high tech bleeding edge broadband products, including radio equipment and fiber equipment, much of it coming from countries not known for high standards of quality. Nothing works as it's supposed to. I'd go out of business in no time if I trusted things to work without testing.

I'm not talking sample variation like the changing bags. Software problems and design shortcomings are part of the downside of tech. It can take months or a year or more to get things right before it's suitable for what it's intended for. Some items just end up stillborn and are never deployed. This is why big staid companies like IBM and Cisco remain powerful; many businesses don't want to mess around with testing and being on the edge and taking chances and such, or at least have business areas where reliability is more important than "new" and "better".

Like many others here, I also have thing for used camera equipment. Never know what you're going to get and things have to be tested and tried to see if we want to keep them or if they are suitable for our hobby.

I also like used cars. However, every time I've test drove one or inspected one, I find something that should be fixed prior to the sale. It could be a freshly stickered car with a bald tire, some sort of simple electrical problem, who knows..

This mix of things high tech and shabby antique is something many of us have in common and why we are so unsympathetic with your unfortunate choice to not test the product before your adventure.

[Bob Salomon]

"But I also don't think you should let these guys discourage you by insinuating it's your fault for not testing beforehand. I think it's reasonable to assume a product will work the way it's supposed to."

Some times it does but the user uses it incorrectly anyway.

A short time ago we received a call from a photographer on assignment in the Himalayas. He had purchased one of our specialty filters and the instructions as well as the literature for this specific type of filter plainly states "This dichroic coated speciality filter should not be used with extreme wide angle lenses".

The photographer went on assignment and put it on his 14mm lens and began shooting for a prolonged period of time. Only to find when he downloaded his images that there was a magenta ring around the edges of the images with that 14mm lens.
He felt that we were responsible and wanted us to provide software to remove the magenta ring as he did not feel that the 14mm was an extreme wide on full frame digital.
He also stated that he did not have enough time to test the filter on his lenses after he received it or while he was in transit to the assignment. Had he he would have seen the ring immediately as it always will occur with extreme wide angle lenses. That is why the instuctional booklet packed with the filter and the digital filter brochure for the filter contain the notice not to use it with extreme wide angles.
So, in this case, the filter works exactly as it was supposed to but was used on something that it specifically stated not to use it on.

[Scott Walker]

I would suggest contacting a law firm in the US that deals with cases of this type, I am sure they could tell you if it is worth pursuing.

Too bad it didn't spill hot coffee on you when you were using it.....then you would have a law suit

[cyrus]

In the US there is an "implied warranty of merchantability and fitness for use" and in most states this can't be disclaimed.

http://business.ftc.gov/documents/bu...l-warranty-law

That'll get you started on your research. Whether this will be worthwhile to pursue or not is a different matter (note that the seller, not just the manufacturer, can also be liable.)

(The spilled hot coffee case was actually not at all a trivial matter & resulted in multiple skin grafts)

[Jim Noel]

The last time I bought a changing bag enclosed was a small slip of paper which said basically, "Test in bright sun prior to use." I did so and found the bag faulty which saved me from a catastrophe similar to yours.

[goamules]

I would suggest contacting a law firm in the US that deals with cases of this type, ...

A lawyer to recover lost wages because a tool doesn't work?! Not in the US, thankfully.

If your car breaks down on the way to an interview, can you sue Ford for a lost job?
If your software crashes and corrupts a deliverable can you sue MicroSoft?
If your hammer head breaks off causing a loss of a cabinetry contract can you sue Stanely?

No, and that's the problem with this world. Something goes wrong, and the first recourse is to get a lawyer, spending everyone's time and money. There are no guarantees in life.

[OldCrow]

A lawyer to recover lost wages because a tool doesn't work?! Not in the US, thankfully.

If your car breaks down on the way to an interview, can you sue Ford for a lost job?
If your software crashes and corrupts a deliverable can you sue MicroSoft?
If your hammer head breaks off causing a loss of a cabinetry contract can you sue Stanely?

No, and that's the problem with this world. Something goes wrong, and the first recourse is to get a lawyer, spending everyone's time and money. There are no guarantees in life.

Exactly!

Well no one wants to admit that they made a mistake and did not take the preventive measures to stop it from being a disaster. PMCS (Preventive Maintenance Care and Service). Checking equipment before you field it. Backing up data when doing an important job. These are all things professionals have to do to be a professional.

Simply take this as a lesson learned, and move on. You will not get anywhere with a lawsuit. If your client relation is in jeopardy, then fly out and reshoot it on your dollar, to prove the working relationship means a great deal. The client will respect you greatly for it. If it is something that was not a timed event, that is.

Sorry that the gear you bought did not live up to expectations. We have all been there.