Took my Levinson amp in for repair


It had some noise in the left channel the deal called today stating they pretty much blew it up and I need come pick it up
Is there anything I can do about this?
128x128abruce

Showing 1 response by zavato

"Not really but lawyers are not usually very honest now"

Gee, in one sentence frangment you've managed to 1) paint with a very broad brush; 2) insult, without provocation a segement of the population as a whole and certainly a segement of Audiogon participants; and 3) state a position without asserting any basis.

Now to your actual issue- unless you can PROVE that something the dealer did precipitated the problem, AND that what they did was negligent, you've got NO CASE. The burden of proof is on you, and from what I've read you have no way to PROVE that what happened at the dealer would not also have happened the next time you turned on the amp in your own home. In order to prevail you would need an expert to testify what was wrong with the amp, and how that was caused by the dealer's negligence. You are of course behind the eight ball on this because at the starting gate you brought the amp to the dealer to address a malfunction. Even in a "small claims" scenario where the burden of proof usually is lower, it's going to be tough to overcome the fact that you brought a broken amp to the dealer and you got back a broken amp.

You mention insurance and doesn't the dealer have insurance for these sort of things. Well, maybe, but just because someone is insured doesn't mean if you intend to pursue a third-party liability claim you are relieved from proving negligence. You aren't. And the amp could not be covered under the dealer's own 1st party insurance coverage because the amp did not belong to the dealer. So your only recourse is a third-party liability claim.

Face it, you had a ML that was going south, and it did.

Care to guess my profession?