Legal Question in Technology Law in Utah

I had a question about a case I've been having with a used computer parts store. The store is called MAS Computers and here's my story. Yesterday on Friday I had my good friend come over to take a look at why my computer wasn't working. It wasn't turning on so he said it was either a motherboard problem or a power supply problem after we took a look at all the connections. We tested my power supply with his tester and it showed the power supply wasn't giving out enough power. We then went up into my brother's room and got his HP computer power supply and plugged it into mine. My computer booted up and then we knew it was a power supply problem. My friend said for me to go to MAS Computers in Orem, UT to get a replacement. I entered the store and asked the manager where his used power supply boxes were and he pointed me to the back where they had bin fulls of them and said they had all been tested and worked fine. My friend said to get a 400 wat, 115-230 volt standard size power supply box and that's what i got. I purchased the power supply box for 15 dollars and went home excidely to install it. When I got home I installed the new power supply into my computer and I tried starting my computer. It didn't work. The power supply was making a quite high pitch sound. I brought my friend back over to take a look at it and we tested the power supply I just bought and found that it was overloading his tester. We then put my brother's power supply back into my computer and my computer didn't boot up or have any fans spin. The faulty power supply I bought from them fried my motherboard and I was very upset. I took the power supply back in to get a new one and to complain about there product destroying my motherboard. They said they were not responsible for used products and any damages it does, and that was the risk of buying a used product. I don't understand this. It was there product that they said was tested and safe, but it turned out to be defective. How come they arn't responsible for the damages their product did to my computer's motherboard. Is this right? What can I do from here


Asked on 8/09/09, 5:40 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Hi, you should ask your question in General Civil Litigation catagory to reach a Utah attorney. I'm a FL attorney.

In general, you have a problem of proof with your case. The computer didn't work, then it worked, then it didn't work. Your friend thinks he knows the problems (any credentials?). The used power supply may or may not have been defective, but you will have to prove that. Additionally, even if the power supply was defective, you will have to prove whether the used power supply was sold "as is" or with any warranty.

I would be upset too if my computer fried and that royally sucks. I'm just not sure you can prove it was the used power supply that fried it, and even if so, that the store who sold you the power supply did so with any warranty. This is not a res ipsa loquitur (look it up) situation, but you will have to have actual proof.

You should resubmit your question to a Utah attorney to get an answer under Utah law. Best of luck.

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Answered on 8/14/09, 10:19 am


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