Kalhoun–
Despite the fact that I am entirely sympathetic to your loss, the very magnitude of your loss is an illustration of why Best Buy cannot be held responsible in proportion to the data’s value. That value is determined entirely by you, and is 100% outside of their control. To ask them to compensate in proportion to the value of your data would be to ask them to treat you differently from another customer with whom they’d made the same mistake, but who DID back everything up. I think that was unclear, but do you see what I mean?
Customer A: gets his data trashed by Best Buy, but had remembered to back it up. Therefore he hasn’t “lost” any data, so Best Buy has cost him nothing, and owes him nothing.
Customer B: gets his data trashed by Best Buy, but did not remember to back it up himself first. He estimates the value of that data–just a few snapshots–at $13. Best Buy cuts him a check.
Customer C: same situation, insists his data is worth thousands of dollars. Best Buy compensates him proportionately.
Seeing the pattern here? How can you ask a business to blindly accept financial responsibility for something wholly outside of their control?
This is why, for example, Walgreen’s (or whoever) promises ONLY to replace the roll of film if they screw up your pictures: they cannot be held responsible for the value that each individual customer places on their own pictures. One customer was just taking pictures of his feet. Another customer dropped of film she’d paid a photograph $12,000 to shoot at her wedding. Why does Walgreen’s owe the second customer more than they do the first customer?
I work for an architecture firm. They have a standard (industry wide) clause that says they are not responsible for any collateral expense caused by their breach of contract. (Not the actual wording; working from memory, and this isn’t my department in the first place). The point is, subsequent damages are completely outside of their control, and are therefore totally impossible to insure against. A recent client, unfamiliar with such clauses, was totally taken aback. You mean, if you quit, or you get too much work or something, and you drop us halfway through the process, you’re not responsible for subsequent damages? Say our opening is delayed by three months and we lose three months worth of income?
And of course, we can’t be responsible, because the subsequent damages are impossible to predict and control. Back to the wedding pictures: say the bride decides to get the pictures re-shot. She flies out her great-great aunt again, so she’s included in the photos, and the plane crashes. Should Walgreen’s be sued for wrongful death? What if the aunt dies right before she changes the will, and the bride doesn’t get the millions that her aunt promised her?
Where do you draw the line?