Question: Can I sue the computer manufacturer for the anxiety and inconvenience the laptop has caused? My laptop caught was on fire while I was away from my home two days before my wedding. Damage to my home was caused and was covered by insurance. My insurance company was inspecting the computer with representatives from the computer company and the battery manufacturer to determine fault. If my insurance company sues for the money to cover the claim, can I sue for issues on top of that such as anxiety of thinking a fire will happen every time I leave my home and the stress of having to deal with this two days before my expensive wedding and honeymoon.
Answer: What a mess for your wedding day. These laptop battery fires are an interesting phenomenon, and aren’t all that uncommon. Welcome to made in the Far East. Yours is an interesting claim. I've been watching these cases and waiting for the right damage case, which you certainly seem to have. Yes you can sue for emotional distress. In the practice of personal injury law the court refers to the damage element you're referring to as emotional distress damages. And certainly a bride having to deal with a house fire at the time of her wedding would quality.
Elements of Damage to Consider
- Did the wedding dress smell like smoke?
- Was the wedding party moved at the last minute?
- Were the bridesmaid’s dresses ruined and everyone had to be refitted?
- Were there wedding presents that were ruined?
- How much of a distraction was it for the bride and groom?
- Did they have to reschedule the honeymoon?
- Should the bride and groom get a do-over at the expense of the computer company that manufactured and sold the defective product?