IBM may be dragged through the courts by a home PC user over a faulty hard drive.
Michael Granito filed a class action lawsuit against Big Blue last week, alleging that the company's Deskstar 75GXP hard drive contained a defect in its design which caused the "irretrievable loss of data and programs stored on the disk".
Despite IBM's claims that the failure rate of the drives is an acceptable one to two per cent, there have been several high-profile user complaints about the product since its release in March last year.
Granito's argument is based on IBM's claim that the Deskstar is "safe and reliable", but he claims it is less reliable than most. Of the two Deskstar 75GXP drives he purchased, both failed.
According to the lawsuit, Granito is seeking replacement of the defective hard drives and damages for "restitution of the loss suffered".
If the case goes through it will be very unusual as hard drive lawsuits rarely involve consumers.
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