Re: Xps 9550 battery swelling causing malfunction and harm?
Hi, for the sake of clarity I want to make sure that consumer experiencing bulging batteries and are concerned about safety are aware of this. This not a legal opinion, but I've read up on this on wikipedia. (https://en.wikipedia.org/wiki/Product_liability)
it is not up to the consumer to ensure that the purchased product is safe. it is the manufacturer's job. Generally, manufacturers have what is called a "duty of care" to its consumers. The common sense notion is that manufacturers shouldn't have something in their product that will harm the consumer.
If what someone said above is true, that these bulging battery has been a common issue, then Dell should have known through their research. Yet they chose to do use this battery probably knowing of its risks in burning the consumer. That seems pretty wrong, doesn't it?
Your example is not quite analogous to the situation here. In your case, the consumer ignored the brake sensors and then had a crash. But a) we don't know if the the manufacturer of the car put in a bad brake. Here we do know that Dell put in a bad battery. Yet, they decided to go along with it anyway. B) what are the "warning" signs in the case of a laptop? There is no warning sign on your windows desktop that says "battery bulging might burn." In fact, there is not even a sign to indicate that what causes the trackpad to rise is a bulging batter -- one has to find that out on this forum. Should the consumer be expected to research all of the potential causes? That seems pretty unreasonable isn't? The consumer should be able to expect that once he bought a product, the product is reasonably safe. If something is wrong, then there should be a reasonable warning to let the consumer know that whatever happens next it's up to the consumer. In this instance, was there? No.
So you recommend that the consumer should just fix the battery himself. Funny, because doing that would be your equivalent of saying: well there was a warranty and the problem occurred within this warranty period, yet you decided to fix this issue yourself with the possibility of breaking it in the process. I'm within my warranty. The battery is messed up now. Why should I fix it myself? When I purchased this product, I paid for the warranty.
In other words, I think I have a pretty solid case. It's not as simple as "oh it's broken, just replace it yourself." I hope people won't be mislead by your comment into thinking that they should just fix it themselves when it is still within their warranty.
Dell has the obligation of ensuring its products are safe.