Legal expert on loss during PC repair A complaint by a notebook PC owner, alleging that his repair shop lost his laptop, which contained valuable data, raises the question about service provider liability and the calculation of damages suffered through loss of information.

Jean Labuschagne, the owner of a crashed Toshiba notebook, says he took it in for repairs to a Somerset West retail outlet, and to transfer any retrievable data to his new ThinkPad. The data retrieval and transfer was duly done, but Labuschagne says he was subsequently told the Toshiba, retained for repairs, then "disappeared", and the shop would not accept responsibility.

Labushcagne says the PC contains sensitive technical data on equipment in development. Unsure of his rights, he would nevertheless like to pursue the matter in court. The manager in question did not return iWeek`s call.

Reinhardt Buys, managing partner at Buys Inc., a firm of attorneys specialising in ICT-related matters, says written warranty agreements normally cover the duties of service providers. Labuschagne, who says he was unhappy with the terms of the agreement, did not sign it, but says a handwritten note attached to the PC stated that the shop had received it.

Buys adds that in the absence of an agreement, common law applies. "The service provider has a duty to exercise the same care in preserving and securing the laptop as the owner would. Failure to do so amounts to negligence and may render the service provider liable for the value of the laptop as well as the losses incurred by the owner related to the lost data."

Buys adds that no local case, to his knowledge, has valued lost data yet.

"The general principle in delictual matters where something is stolen, lost or broken, including the inability to use it, is to determine damages with reference to the market value of the stolen item and the loss of income resulting from the inability to use the item, or data."

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