Deleted member 258511
D
Deleted member 258511
I think there would be a valid argument for the fact that it wasn’t advertised to take anymore precautions than you normally would when plugging in the GPU, for example “make sure you hear a click”. Some people have claimed that they haven’t heard a “click” even on this forum. If there is no caution warning of something happening, then the end user would have no reason to do anything differently from previous GPU’s where this didn’t happen. Surely it could still be put down to it working loose which technically wouldn’t be 100% proven to be user error.Yes and no.
In court it would not hold up, because as Steve at GN showed it's not hard to insert the cable properly (as everyone here on this forum would know since no one here has any problems) and this is part of the expected process of installing the product into your PC.
A design flaw that would hold up in court is something a user could not remedy and is not expected to engage with - for example the airbags on your car don't deploy in an accident; this can go to court because the user of the vehicle is never expected to install the airbags or engage with it in any way, it should work out of the box without any interaction.
Another example is the petrol station; it's not a design flaw that the user accidentally puts diesel in their petrol car if the user is expected to carry out the task of engaging with the fuel system by filling up the tank and the user manual explains what fuel to use. So since the user is expected to insert the power cable, and it's possible to do so since the cable works and the manual says the user must do this task to use the GPU then there is nothing that will held up in court.
Nvidia and AIBs are covering warranty only because this has become a big story and the bad PR cost would outweigh the cost of 50 GPUs; not because of some design flaw
Take your example of the petrol pump. If you had filled at the same pump for years without issue, and one day you go there and the pump comes out and sprays all over you and your car. Now you go inside and the manager tells you “you have to push it in until you hear a click” unacceptable! The fact that this wasn’t warned in any way couldn’t be put down to user error. If however there was a sign on the pump and you didn’t see it, that’s on you.
I think it’s been blown up a bit by certain places in order to sell cables etc. The fact that most and I mean most people will have plugged GPU’s in the exact same way for years and had no issues at all would suggest this design isn’t as good as previous launches.