Netpune DOS known problems Coral loss

BNUTTHEHUT · Jul 6, 2015

Since everyone thinks they are a lawyer. I spoke to an actual product liability lawyer for the state of California in which I and Neptune apex resides. Since the product carries a 1 year warranty and I am in california I actually have a very good case. Good enough for someone to take it on without a retainer.
This is what he said;
"Products should work on what they were intended for without causing any harm. If a product has a defect the warranty contract is now void and the company is now open to liquid damages. The hard part is proving that the product is defective. But in your case they have already done that for you."

Product Liability
The responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale.
When individuals are harmed by an unsafe product, they may have a Cause of Action against the persons who designed, manufactured, sold, or furnished that product.

A defective product is one that ‘differs from the manufacturer’s intended result or from other ostensibly identical units of the same product line.’ ” (In re Coordinated Latex Glove Litigation (2002) 99 Cal.App.4th 594, 611 [121 Cal.Rptr.2d 301].)

W]here a plaintiff alleges a product is defective, proof that the product has malfunctioned is essential to establish liability for an injury caused by the defect.” (Khan v. Shiley Inc. (1990) 217 Cal.App.3d 848, 855 [266 Cal.Rptr. 106], original italics.)

“A manufacturer is liable only when a defect in its product was a legal cause of injury. A tort is a legal cause of injury only when it is a substantial factor in producing the injury.” (Soule v. General Motors Corp. (1972) 8 Cal.4th 548, 572 [34 Cal.Rptr.2d 607, 882 P.2d 298], internal citations omitted.)

I think you get the idea.
ALL OF THE PRODUCTS THAT WE BUY FOR OUR REEF TANKS SHOULD WORK AS INTENDED WITHOUT CAUSING HARM WITHIN THE WARRANTY PERIOD! ITS THE LAW

acolotto · Jul 6, 2015

He doesn't want a retainer because he knows he can just make money off the hours it'll take to get a value for an item you can't price. Where is the proof of every coral you bought, how much it cost, what exactly that coral was, picture of frag/colony at purchase and at time of death. Also now you have to prove that it was the dos fault that killed the coral, do you still have a water sample? You will have to prove its there fault, your word is not good enough. Also not to mention they put a sticky on there website before your dos malfunctioned. And ok say they give the cost of an average sps colony, say $200 unless you lost like 50+ colonies and still prob not enough you will make barely any money if any at all on all the hrs it'll cost to prove it was the dos system fault.

I'm not saying it wasn't the products fault but prove it wasn't something else in the tank or water, not to mention many months down the road. Sure go to court and please let us know how it goes but that's a very short list of the many factors that would go into play. Retainer is not where lawyers make money it's the hrs, a retainer is just basically to have a lawyer on call

BNUTTHEHUT · Jul 6, 2015

acolotto said:
He doesn't want a retainer because he knows he can just make money off the hours it'll take to get a value for an item you can't price. Where is the proof of every coral you bought, how much it cost, what exactly that coral was, picture of frag/colony at purchase and at time of death. Also now you have to prove that it was the dos fault that killed the coral, do you still have a water sample? You will have to prove its there fault, your word is not good enough. Also not to mention they put a sticky on there website before your dos malfunctioned. And ok say they give the cost of an average sps colony, say $200 unless you lost like 50+ colonies and still prob not enough you will make barely any money if any at all on all the hrs it'll cost to prove it was the dos system fault.

I'm not saying it wasn't the products fault but prove it wasn't something else in the tank or water, not to mention many months down the road. Sure go to court and please let us know how it goes but that's a very short list of the many factors that would go into play. Retainer is not where lawyers make money it's the hrs, a retainer is just basically to have a lawyer on call

I have Corals purchased, Price, date, receipt, photo of the location when they went into the tank, dead coral in the same location, Triton water sample done 2 weeks before and 1 day after. 1 Gallon of tank water from the incident. Email from neptune agreeing that I installed it correctly. And the actual faulty dos unit which will back siphon in about 2 hours. Going to set up a time lapse tomorrow. Apparently it doesn't matter if they put it on there website( They never did only on their community forums). Product liability is just that. Also in the california civil code requires all product recalls must be installed by the manufacturer or an authorized agent not the purchaser. They take a cut 33% if you win outside of court 40% if you go. No money out of my pocket. Some of the stuff that died was $80 - 200 a frag. What does a mini colony of a fox flame go for.

revhtree · Jul 12, 2015

I haven't read this whole thread but if you want to talk lawsuits then take it to email. I will read it tomorrow though.

Thanks.

revhtree · Jul 12, 2015

Actually I just read the first post and that was enough. Our forums are not going to be used to garner support for lawsuits for any reason. Talk to your lawyer and do what you think is right but not here in R2R. Thanks.