Lens dust and legal threat.

Started Mar 31, 2013 | Discussions thread
Photohobbyfun
Senior MemberPosts: 1,364
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Re: Lens dust and legal threat.
In reply to Marathonianbull, Apr 2, 2013

Marathonianbull wrote:

I'm a lawyer. Are people so scared of lawyers?

Short and sweet advice: tell him to take a flying leap...

Suing someone is TOUGH. I didn't follow the whole thread but how much is this lens worth? Unless you're talking about one of those exotic telephoto lenses that sell for $10k+, no lawyer is going to touch this case without taking a $2,000 retainer. Also, chances are someone would probably end up spending $4,000 to go through the whole process. Even if he does win, he still has to go through the trouble of collecting on a judgement.

What reasonable, or dumb, person is going to put up $4,000 to maybe win a case about a lens with dust in it?

If he's suing you, the burden of proof that he's been harmed is on him. He has to prove that the dust was already in the lens and he has to prove that that is impacting the performance of the lens.

You can pull up numerous articles by people like Lens Rental's that show that dust has no noticeable impact on the performance of a lens. You can also show that dust is common and probably even expected in a "used" lens.

This is a type of case that goes to small claims court, without any lawyer involvement, and this guy probably has zero clue how the legal system in the United States works.

This guy sounds like its all bark, no bite.

Tell him to buzz off and I'd be surprised if you ever heard from him again. He'd probably have his friend pretend to be a lawyer and call you with an email that looks like sweetypiepepsi23098@yahoo.com.

Unless you get "served" with legal documents, you aren't being sued yet. Most lawyers would first send a "letter of demand" before suing someone anyways, which would cost this looney about $200 which I would guess he has zero interest in actually doing.

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