Good luck with that one but you'll find the killer comes in defining a defect. Truth is many products have manufacturing flaws but they just aren't as noticeable as a dead pixel. Odds on they'd argue a "defect" is something that has to impede functionality or something to that effect.
^
"Defect" would be assessed against
a) industry standard
b) the degree to which the useability of the product is impaired
Given that dead pixels are relatively common, and that one or two is not going to drastically impair useability, you are unlikely to have a cause of action.
In any event, if you were to win the case, you would probably not get a new screen/specific performance of the warranty. You would most likely get nominal damages, based on the number of dead pixels.
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Originally posted by Telomar
Good luck with that one but you'll find the killer comes in defining a defect. Truth is many products have manufacturing flaws but they just aren't as noticeable as a dead pixel. Odds on they'd argue a "defect" is something that has to impede functionality or something to that effect.
^
"Defect" would be assessed against
a) industry standard
b) the degree to which the useability of the product is impaired
Given that dead pixels are relatively common, and that one or two is not going to drastically impair useability, you are unlikely to have a cause of action.
In any event, if you were to win the case, you would probably not get a new screen/specific performance of the warranty. You would most likely get nominal damages, based on the number of dead pixels.