(NORTH VANCOUVER, B.C., 31
October 31, 2005) - Defective Toshiba wide screen television sets are the
focus of a class action lawsuit initiated on behalf of British Columbia
consumers.
The action against Toshiba concerns
numerous models of wide screen Rear Projection Cathode Ray Tube
televisions and was filed by the law firm of Poyner Baxter LLP of North
Vancouver, which works predominantly in the field of class action
suits.
Under the Class Proceedings Act
of B.C., a case is typically brought on behalf of one individual as
“representative of a class.” If certified by the Supreme Court of B.C.,
all customers who experienced problems with these sets would be
automatically included. The person named in the current action paid
$2,100 for a 51 inch Toshiba set that proved to
be defective.
The problem concerns fixed images
carried by most television channels. Many signals now have network or
service-provider logos, insignia and other artwork permanently situated
on the screen, irrespective of changing scenes of actual programming.
Fixed images are also commonly part of video games. With these specific
Toshiba sets, any images left in place tend to become “burned-in” to the
screen itself, such that subsequent viewing becomes impaired.
An excerpt from the statement of
claim cites:
“The Plaintiff’s Toshiba RPCRT
television and the Class Televisions generally are defective in that
their screens are prone to retain images that are steady, constant or
fixed. Television networks and cable and satellite service-providers
commonly broadcast such images. This defect is known as
“image-retention” or “burn-in”... ”
“As a result of the
image-retention. . . the aforesaid horizontal and vertical bars have
become permanently visible during the Plaintiff’s viewing of all
television and movie programming. Such image retention has interfered
with, and impaired the Plaintiff’s use and enjoyment of such
television and will continue as such in the future...”
Kenneth J. Baxter, who filed the
action, said the evidence demonstrates that Toshiba was aware of the
potential problem before any of these sets were sold, “but took
inadequate steps to properly warn consumers. And, long after customers
and retailers reported many of these defective products, Toshiba continues
to deny responsibility, implying that improper use by customers has
caused the problem.”
“Toshiba’s actions were both
deceptive and misleading, and we look forward to the opportunity of
proving that,” Baxter said.
The complete text of the
Statement of Claim can be found at
http://www.poynerbaxter.com.
Anyone in B.C. who has experienced these problems with a Toshiba RPCRTset
can register their names in the database at this web address.
FOR MORE INFORMATION, PLEASE
CONTACT:
Poyner Baxter, Suite 408 - 145 Chadwick Court
North
Vancouver, B.C. V7M 3K1
Telephone: 604.988 6321 Fax: 604.988 3632
e-mail: poyner.baxter@telus.net
web site: http://www.poynerbaxter.com/
POYNER BAXTER LLP