Repairs Added Faults to the Computer

The laptop computer of the Claimant, Mr C,  was repaired by the Defendant.  The repairs appear to have caused additional faults on the laptop computer.

I examined the computer and prepared an expert witness report describing the faults found.  The report includes my opinion regarding possible causes of these faults.

Personal

1.This report was prepared by Graham Dilloway of 39 Conham Hill Bristol BS15 3AW. I am a Member of the British Computer Society, the chartered professional body for the computer industry in the UK. I am a member of the Academy of Experts. I have worked with computers for more than 30 years. This work has all involved the implementation and configuration of computers, their operating systems and the core software applications of a computer environment (e.g. word processors and spreadsheets). I have worked with personal computers almost exclusively for more than twenty years.

Instructions

2.My instructions are in a letter dated 8 November 2011 co-signed by Mr C and by S Solicitors.

3.The instructions in the letter dated 8 November 2011 are:

The Claimant’s questions/instructions

• Are the keyboard, touchpad and wi-fi systems on the X laptop functional? Please outline the position.

• Strictly from a technical perspective, and bearing in mind the Defendant’s claimed specialist knowledge of computers, do you consider the Defendant’s overall account to be both coherent and in harmony with the technologies involved?

• Strictly from a technical perspective, and bearing in mind the Claimant’s lack of specialist knowledge of computers, do you consider the Claimant’s overall account to be coherent and in harmony with the technologies involved?

• The Defendant’s position is that the X laptop was afflicted by a pre-existing over-heating problem; and that this was the key cause of all that transpired, culminating in the machine having to be written-off. It is agreed between the parties, however, that the Defendant cleaned the machine’s heat sink and fan in early May 2010. In your opinion, is it likely:

• that such a problem could have caused the total failure of the computer’s wi-fi?

• that such a problem could have caused the computer’s power supply to switch off when the machine was lifted/touched?

• The Defendant’s position is that the computer was functioning ‘perfectly’ between May and December 2010; and that the problems in December 2010-January 2011 resulted from an original, pre-existing over-heating problem (despite the Defendant having cleaned the heat sink and fan in early May 2010). Is it likely that this machine could have functioned ‘perfectly’ for the eight month period May-December 2010 if it had been suffering from an unresolved, pre-existing problem that eventually, in December 2010-January 2011, caused the machine to fail in ways that made it beyond repair.

• The Defendant asserts that when the Claimant installed an XP operating system on the X computer (by means of a CD supplied by X with this model of computer), this may have resulted in the failure of the machine’s keyboard. In your opinion, is it likely that the installation of the XP operating system by means of this CD would have caused the failure of the keyboard.

• Do computers of this type have an automatic system that protects them from over-heating? If so, would that protection system have caused the machine to switch off before damage was caused as the result of any over-heating?

• Please report whether the machine is presently seriously overheating.

• If the machine has an in-built system that switches the machine off in order to protect it from over-heating, has that protection system caused the machine to switch off in the time in which the machine has been with you?

• Please comment on any other matter relating to this case that you consider might assist the Court.

The Defendant’s questions/instructions

• Please comment on the current state of the laptop.

• Please confirm in your expert opinion the probable cause of the faults with the laptop.

• Please identify in your expert opinion whether repair work was carried out using reasonable care and skill.

• Please confirm the appropriate remedy, whether the laptop can be repaired or whether a replacement is required.

• Please provide an estimate of costs for the proposed remedy.

• Please advise whether the Claimant is likely to have caused the damage to the laptop himself.

4.I have a bundle of documents sent to me with a letter from Mr C dated 29 October 2011. Mr C describes the documents as:

• Claim Form 21 March 2011

• Defence 23 April 2011

• Statement of Mr C 25 June 2011

• Response to Defence 25 June 2011

• Exhibits 25 June 2011

• Witness statement of W1 20 October 2011

• Witness statement of W2 19 October 2011

• Witness statement of W3 20 October 2011

• Witness statement of W4 20 October 2011

• Second statement of Mr C 26 October 2011

• Exhibits 26 October 2011

• Response to Witness Statements 29 October 2011

5.I have received a X laptop computer (serial XXXX) sent to me by Mr C.

Examination of Computer

6.I examined the computer on 28 November 2011.

7.I connected the computer to mains power and switched on the computer. The Windows XP operating software appeared to start normally.

8.After the Windows operating software had finished loading:

• I pressed keys on the keyboard. The keyboard was not working.

• I touched the touchpad and its buttons. The touchpad was not working.

9.I connected my own mouse and keyboard by plugging into a USB port. The computer appeared to work normally with my mouse and keyboard.

10.The software needed to connect the computer to a network using a cable was not installed. I installed this software. I plugged a network cable into the network port of the computer and the computer appeared to connect to the network and to the Internet normally.

11.I attempted unsuccessfully to get the computer to connect to a wireless network. The computer has a switch that appears to allow wireless connection to be enabled and disabled. Operating the switch had no affect and the wireless network would not work.

12.The computer contains a fan. The fan operates quietly when the computer is switched on and is left alone to do nothing.

13.I caused the processor on the computer to operate continuously. This is an extreme test. There is almost nothing that would cause the processor in a computer to operate continuously during normal use. I would expect the continuous operation of the processor to generate heat inside the computer. I can provide a technical description of the method used to cause the processor to operate continuously if required.

14.I ran the test that caused the processor to operate continuously for more than four hours. The fan could be heard to increase speed within about one minute of the start of the test. The fan could be heard to slow down about two minutes after the end of the test.

15.The computer continued to operate during the test. This test shows that the cooling of the computer is working properly.

16.I lifted the computer with my right hand at the front right corner. I placed my left hand at the front left corner and gently flexed the computer. The computer switched itself off when gently flexed.

17.I removed the “3” key from the keyboard. The tip of a screw is visible in the recess that contains the “3” key. It appears that the screw has been driven through the case of the computer at a place where the case has no hole to accommodate the screw. It appears that the screw would prevent the correct operation of the “3” key but I could not test this because the keyboard is not working.

Examination of Documents

18.Mr C says, in his statement dated 25 June 2011 at Para. 7, “During the morning of … 1 May 2010 the laptop was infected by an Internet virus that caused the system to shutdown and display what is termed the ‘blue screen of death’…”. The same statement says, at Para. 10, “… it seemed to me that the machine had been over heating slightly …”

19.Mr W1 says, in his statement dated 20 October 2011 at Para. 3, of the computer, “I tested it and found it to have a serious problem with overheating”.

20.Mr W2 says, in his statement dated 20 October 2011 at Para. 5, “I checked the machine and agreed that it appeared to be overheating”

21.Mr W3 says, in his statement 20 October 2011 at Para. 3, “… I understand from our records …”

22.There are many possible causes of a blue screen as described by Mr C. I have not seen anything to show that blue screen described by Mr C was caused by a virus or by overheating. .

23.I have not seen any records from Company D. I have not seen any description of any tests done by D to establish the cause of the problems with the computer. I have not seen any description of the symptoms observed by D that might help them to diagnose the cause of the problems with the computer.

Current State of the Computer

24.A laptop computer with a broken keyboard, a broken touchpad and a broken wireless network is not a useful machine. I have not disassembled the computer. It is my understanding that most of the electronics in laptop computers are provided in a single circuit board. I would expect that repairs to the computer would require the replacement of this board. It is my opinion that it would be cheaper to buy a new computer rather than to attempt a repair due to the nature of the faults.

25.I have not seen anything that convinces me that the computer had a virus. I have not seen anything to say that virus scanning software was run. In any event, a virus did not cause the failure of the keyboard and other components.

26.I have not seen anything that convinces me that the computer was overheating. It is my understanding, and has been my experience, that computers have in-built protection against overheating. I would expect that a computer would switch itself off to protect itself if overheating began to occur. It is my understanding that a blue screen is a possible symptom of overheating but that it is more likely to be a symptom of some other problem. In any event, I do not know of any way that overheating could cause the failure of the keyboard and other components while allowing the computer to operate with a keyboard and mouse using a USB connection. The computer was not overheating during my tests.

27.It is my opinion that the current faults on the computer are the result of physical damage. The most common cause of physical damage in a laptop computer is likely to be caused by dropping the computer. I have examined the case of the computer and I can see no marks or other damage.

28.The screw that is visible under the “3” key suggests that the case of the computer has been taken apart. It is my opinion that the physical damage that caused the current faults on the computer was most likely caused when the case of the computer was taken apart.

29.I looked for and did not find a source for an identical computer. It is my understanding that this model of computer has been discontinued. On 1 December 2011, the website at www.dabs.com listed 35 X laptop computers. I have not attempted a detailed comparison. I would expect that a comparable X computer would now cost about two-thirds of the price paid by Mr C (and rather more when the computer became unusable about ten months ago).

Chain of Events

30.My instructions include:

• Strictly from a technical perspective, and bearing in mind the Defendant’s claimed specialist knowledge of computers, do you consider the Defendant’s overall account to be both coherent and in harmony with the technologies involved?

• Strictly from a technical perspective, and bearing in mind the Claimant’s lack of specialist knowledge of computers, do you consider the Claimant’s overall account to be coherent and in harmony with the technologies involved?

• Please identify in your expert opinion whether repair work was carried out using reasonable care and skill.

• Please advise whether the Claimant is likely to have caused the damage to the laptop himself.

31.I cannot tell, from examination of the computer, the sequence of events that resulted in the computer being broken as it is now.

32.I would expect a computer repair service to keep records of customers, computers, faults, tests and repairs. It is my opinion that a computer repair service cannot provide an adequate service without keeping records.

Summary

33.The computer is broken:

• The keyboard is not working.

• The touchpad is not working.

• The wireless network connection is not working.

• The computer switches off when flexed.

34.A screw appears to have been driven through the case under the “3” key of the keyboard.

35.It is my opinion that the faults on the computer are the result of physical damage. I have seen nothing to indicate that the computer has been damaged by being dropped or by other external damage.

36.The case of the computer has been taken apart and it is my opinion that the electronics of the computer were damaged while the case was taken apart.

37.I have not seen any records of tests or faults or repairs performed by Company D. It is my opinion that a computer repair service cannot provide an adequate service without keeping records.

38.I understand my duty to the Court and I confirm that I have complied with and will continue to comply with that duty.

39.I confirm that insofar as the facts stated in my expert witness report are within my own knowledge I have made it clear which they are and I believe them to be true, and that the opinions I have expressed represent my true and complete professional opinion.

Graham Dilloway Expert Witness	1 December 2011
39 Conham Hill Bristol BS15 3AW