Legal Situation: Damaged Anamorphic Adaptor

redcap

redcap

Well-known member
One day I decided to get my panasonic anamorphic adaptor cleaned and took it to a camera shop called "Discount Cameras" in downtown San Francisco, CA.

They took a look at it and said it would cost 85$ to clean, so they took a deposit and called me later to tell me that they could not clean the lense because of the plastic internals. I said, ok whatever and went and picked it up. I gave it the look over and noticed something but did not look closely enough. When I got home I looked at it again and saw a smudge and a deep scratch on the internal lense pieces, not on the surfaces. I called up, and they said for me to come in again for them to look at it. Micheal (the guy I dropped it off with origionally) said that the repair man opened the lense up, sprayed commpressed air on it, and closed it back up after realizing he shouldn't be touching it because the insides were plastic.

I brought it in a few days later, and after given the run around said they would have someone look at it and give me a call back. A week later I come in friday morning (today) to ask about the status. The guy I dropped it off with denys all knowledge of the damage he did, accused the lense of having more dust from when he picked it up : in otherwords, they would not be compensating me for any of the damage. After speaking with his manager he did the same.

I took the lense to another shop, Adolf Gasser, where they looked at it and said that it had irreparable damage and would need to be replaced completely.

Right now it seems like I have a "their word against mine." But I also have the need to want to receive compensation. I have footage I shot with the lense 3 days before I dropped it off, and footage I can shoot with the damaged lense.

I figure I can take this case to a small claims court, get some people to testify, and maybe get my settlement.

Has anyone been in a similar situation, or can anyone provide me with any tips or resources for winning my case?

Any help would be greatly appreciated.
 
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Well...show the footage from the lens before and after it was brought to the store to show them that it was messed up...if its really messed up..a huge thing should appear in the shot.

Thats the only thing that i could think of as evidence...
 
Damn that sucks. I dont know what to do but it gives the rest of us a tip to make sure to look over the lense with the guy at the time of dropping it off and have them sign some kind of agreement. Hope it turns out for the better for you dude.
 
Wow.....that's a tough one. A reminder to us all to cover our butts when taking something in for repair. Hope you can get this resolved without a lot of expense. Small claims court can be brutel as the burden of proof is going to fall on your shoulders. Hard to prove even with footage shot 3 days prior as the damage could have occured the day before you took it in. Without the repair facility declaring that it was in good condition before they took it in.......you could have a nasty fight on your hands. Before calling an attorney.....try a paralegal.......it's a lot cheaper.
 
I'm a Tennessee attorney, so can't speak for law in your state, but if it were in Tennessee, I would (1) do as suggested above, show before and after footage, and (2) subpoena the repair guy, put the repair guy on the stand, put him under oath, and remind him of the penalties for perjury, then ask, step by step, what he did when he took the lens apart. My experience is that once reminded of the penalties for perjury, most witnesses come down with a sudden case of self-interest. I would further argue that (assuming this is true,) that such damage could only occur as a result of the lens being taken apart and that to take the lens apart required specialized tools that you did not possess, then establish that the image degradation is clearly on one of the internal elements. I would also ask him if he was an expert on such lenses, and if so, why was he not aware that interior elements could not be repaired. If he admitted that he was not an expert, then ask why in the world would he attempt a repair on a piece of equipment that he had no qualifications to repair.

In Tennessee, lots of folks represent themselves in small claims court. The classic mistake they make is going on and on about an issue, which muddles up the point they're trying to make, or allowing themselves to be sidetracked by testimony that has no relevance to the issue before the court. Judges hear several cases a day and such tactics can hurt your case since, in Tennessee, the plaintiff has the burden of proof. I find that the best thing is to make your point as simply as possible, then move to the next point, make it, then move to the next one. In Tennessee, small claims court is a jungle, the rules of evidence are suspended and it's kind of a free-for-all. Simple is better. Don't dilute your evidence. When you make your point, move on to the next one, then when finished, briefly sum up. Judges hate to have their time wasted. In Tennessee, it's better not to be a drama queen; make each point simply, move on, sum up. It's important to appear reasonable and credible, as opposed to being a nut.
 
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Thanks for your advice.. I filed a report with the BBB, and I'm going to go into the San Francisco small claims court to see if I have a case... I'll probably first write a letter requesting for a replacement/damages in a specific amount, and if they do not respond file a case with the small claims court when I will up that amount and ask for time/work lost during that time. I may also launch a website and stage a protest and maybe make a little documentary about it... they really do not know who they are messing with here.
 
you'd have to prove the time lost/work lost in relation to not having the adapter, i.e canceling a gig that was based on you being able to shoot exlusivly 16/9 footage using only the adapter based on the extra quality.

Suing people is a real ***** and make sure you have everything that you're going to need for court. overkill it and make sure you can produce it in a moments time, I.e. receipts for the adapter, a letter saying it can't be fixed by a professional business. the amount you paid them, any warrenty they may write on that reciept cause some say we don't warrenty damage caused while left with us?

small claims see's dozens of cases a day and not being able to find something can piss off a judge.

you wouldn't get time lost for work not based on work other than video services or for running around to do this crap. last time I checked don't bother filing for your court cost back either.
 
Nick Adams said:
you'd have to prove the time lost/work lost in relation to not having the adapter, i.e canceling a gig that was based on you being able to shoot exlusivly 16/9 footage using only the adapter based on the extra quality.

Suing people is a real ***** and make sure you have everything that you're going to need for court. overkill it and make sure you can produce it in a moments time, I.e. receipts for the adapter, a letter saying it can't be fixed by a professional business. the amount you paid them, any warrenty they may write on that reciept cause some say we don't warrenty damage caused while left with us?

you wouldn't get time lost for work not based on work other than video services or for running around to do this crap. last time I checked don't bother filing for your court cost back either.
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Yeah, I have all of this. Once the claim is filed with the small claims court, I'll have 30 to 60 days before it goes to trial. But, I am taking it one step at a time. If they do not respond to my letter asking for the money, then I will go to court and stage a campaign against their buisness, find others who have received lackluster service from this company (they're are plenty out there.) I can get witnesses from my classes from the San Francisco art institute to speak on my behalf. I have already received a second opinion from another, more professional, repair shop, who said it could not be repaired.

When I asked the buisness for their policy they did not provide me that information. I will make a trip to receive it. But right now, the case is in my favor because the repair person should have already known the internals were plastic and unserviceable by him BEFORE opening it up.

Even if I do not win the case I will still continue to build one against them and maybe attempt to divert some of their buisness even further. It will make for one killer documentary in the end, either way. San francisco is very supportive of this type of video work.
 
Many years ago I used to do a little business with "Discount Camera"......I can't remember what the reasons were but I stopped. I reverted all my business to Alpha Photo, now Imaging Supplies. and they've always done me right.

It is so incredibly stupid of any business to not honor their customers, especially when you know darn well that they know they were in the wrong. Everybody makes mistakes and it seems like this one started out as an innocent mistake. They could have had a customer for life if they would have simply admitted the mistake and got you a new adapter. I've been self employed for 23 years and there are simply 3 things that make my little business successful.......1. Quality product 2. Fair pricing and 3. Believing that the client is honest. Now I'm not stupid and I know that sometimes a client or two is dishonest.......but to punish the rest of the honest clients is just bad business.
 
Discount Camera, in the bay area (San Francisco, CA) has a reputation as being one of the more sketchy camera retailers. A google search on them (Discount Camera, San Francisco CA) will bring up a few less-than-flattering reviews.

Apparently they use a lot of "used car" sales tatics - not giving quotes over the phone, charging more than what you would pay else where - except if you threaten to not buy it, when they ask you "So if I gave it to you at this price would you consider buying it then?"
 
redcap said:
Discount Camera, in the bay area (San Francisco, CA) has a reputation as being one of the more sketchy camera retailers. A google search on them (Discount Camera, San Francisco CA) will bring up a few less-than-flattering reviews.

Apparently they use a lot of "used car" sales tatics - not giving quotes over the phone, charging more than what you would pay else where - except if you threaten to not buy it, when they ask you "So if I gave it to you at this price would you consider buying it then?"
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Which begs the question, why did you go there in the first place?
 
Someone recommended it to me, and I did not know this information until after they screwed up my lense. But that is not the point.

I didn't do anything wrong by taking my lense to a place that fixes lenses.
 
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