Can someone sue for more than what the work done cost?

Question

I made a mistake with a customer's computer - I put too high of software on hers, while mixing it up with another customers. So, she got windows XP Pro and Office 2007 instead of just XP Home as was previously on there.

She is now suiting for $485 - she only paid me $110. Is there a law/rule that says she can only ask for so much?

I have already offered her a refund and to redo the job for free-she is refusing to answer.

She thinks I was in the wrong because I did not set up her email account for her (although I told her it would cost more and she said no). So technically, her computer is operating illegal software (as she does not have the proper COA's) and she won't become legal now!

Answer 1

Yes, the rule/law is that she can only get paid for the actual damages she can prove, but there is nothing tying it to the amount paid TO YOU, unless you have a contract that limits your liability to refund of the amount paid.  In reality, her losses are going to be limited to a reasonable number (say, $485), under the circumstances.

If she doesn't have COAs for the software, she cannot legally use that software.

You can get insurance for "errors and omissions" in your business, and the insurance company will send you information about how to get people to agree to limited liability for your work (releases, waivers, disclaimers, caps, liquidated damages, etc).

Answer 2

She's just looking for a lawsuit. You gave her an upgrade if anything. Go to court and explain that you offered to redo all of your work. You'll be fine. Just say in court that you believe the lady was looking for a lawsuit and she is operating under illegal software and you needed to fix it, however she isn't making it possible.  

Answer 3

If she only used it for entertainment, you're right, but if she used it for a Home business and could not access her records, then she has damages. If you don't set her computer to rights, she can sue for damages. Also, if you refuse to work on it and she goes to someone who charges more you have to pay the difference. (She can sue for it)  

Answer 4

In most cases lawsuits are limited to the actual damages. Moreover, seeing as you provided something worth more than what she paid for, I fail to see how she would have standing to sue at all. Just keep everything documented and go to court to fight it.

Answer 5

It would depend on if she was damaged by your actions.  Say for example it would cost $485 to have the software removed and replaced with the correct, or it would cost less but she would be without the use of her computer until it was fixed.  This figure may be reasonable.

Answer 6

Well, what does your/her receipt say?

Here goes.

1) I assume your customer had a computer problem and you reloaded software in to an existing computer. i.e. used a recovery disk from the same manufacture to bring her computer back to factory installation.



2) You made a mistake and loaded the wrong recovery disk and she benefited from that mistake while it was in her possession.

3) Your customer now complains of a fault you made and now wants to sue you for the upgraded unauthorized amount she didn't pay for...

My answer would be - read your policy -

If you offered her a money back guaranty then wipe her computer and give her her money back.

If you offered her a repair or replacement warranty then stick to your guns and tell her she has X amount of days to bring the computer over before her warranty expires and give her what her COA tells her what she should have.

Suing you for a mistake that benefitted her will not go well for her if she brings this to court, and she can only receive what she fully paid for for your services.