djiuser_eWPz6tudhpr9
lvl.2
Flight distance : 54809265 ft
United States
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Dear DJI Legal Department and CEO,
I, David Martin, a professional drone operator based in Oregon with over 2,400 flight hours on DJI products, am writing to formally notify you of a critical safety issue with the DJI Air 2S and to demand immediate action, including replacement with a DJI Air 3. This letter serves as both a safety alert and a notice of potential legal action if these concerns are not adequately addressed, in accordance with Oregon state laws and consumer protection policies.
Critical Issue Summary:
Following a recent firmware update that introduced a clear data mode and control panel modifications, my DJI Air 2S experienced a catastrophic failure. After using the clear data feature multiple times, the drone suddenly lost all battery recognition capabilities, leading to an unexpected power loss during flight. The drone fell from approximately 4 feet in the air, nearly striking me in the head. This incident occurred while filming a wedding on a beach in Oregon, putting not only myself but also my clients at serious risk.
Based on the persistent nature of these issues and the similarity to problems reported by other users, I have come to believe that the Air 2S may have been released prematurely as a prototype for the Air 3, explaining its susceptibility to critical failures that DJI seems unable or unwilling to resolve.
Legal Implications under Oregon Law:
Product Liability (ORS 30.900 to 30.920):
The Air 2S's unexpected power loss and near-miss incident could be considered a result of a design or manufacturing defect, potentially due to its premature release as a prototype.
Consumer Protection (ORS 646.605 to 646.656):
DJI's failure to disclose potential risks associated with firmware updates and the possibility of the Air 2S being a prototype model may constitute a violation of Oregon's Unlawful Trade Practices Act.
Personal Injury (ORS 31.705 to 31.710):
The trauma and potential for harm in this case could be grounds for a personal injury claim, especially considering the ongoing safety risks posed by the device.
Breach of Warranty (ORS 72.7140 to 72.7200):
The persistent issues with the Air 2S may constitute a breach of both express and implied warranties under Oregon law.
Demands for Resolution:
Immediate Replacement: Provide me with a new DJI Air 3 as a replacement for the potentially prototype-stage Air 2S, ensuring I have a safe and fully functional device for my professional work.
Full Transparency: Provide a detailed explanation of the development process of the Air 2S, including any information about its relationship to the Air 3 as a potential prototype or beta model.
Compensation: In addition to the replacement drone, provide compensation for business disruptions and potential reputational damage caused by this incident.
Public Statement: Issue a public statement acknowledging the issues with the Air 2S, its potential status as a prototype, and detailing steps taken to resolve these problems for all affected users.
Improved Quality Control: Implement more rigorous quality control measures to prevent the release of potentially unsafe or unfinished products in the future.
Legal Notice:
If these demands are not satisfactorily met within 30 days of receipt of this letter, I will be forced to consider legal action against DJI under applicable Oregon state laws for:
Product liability
Consumer protection violations
Potential personal injury
Property damage
Loss of business and professional reputation
Breach of warranty
Failure to warn of known dangers
Misrepresentation of product readiness for market
Given the severity of this issue and its potential impact on public safety, I expect an immediate and comprehensive response detailing your plan to address these concerns, including the provision of a DJI Air 3 as a replacement for the potentially prototype-stage Air 2S. Your prompt attention to this matter is crucial to prevent potential accidents and maintain the trust of your professional user base, particularly in Oregon. |
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