Yes, but there's a difference between the expected rate of mechanical failure, and the existence of a software bug.
The current fault erases everything on the drive. That can be equated fairly equally with mechanical failure. Let's imagine a different bug for instance, that allows anyone on the internet to read/write all the data on the drive. If one of these bugs emerged after 12 years, then there is a much stronger argument that the manufacturer should fix it, because it is a fundamental fault with the device.
Under the sale of goods act of 1979, the device must be suitable for the purpose for which it was sold, and there is no time limit on that, so any consumer with the device could demand that the person who sold it to them fix it. The device was unsuitable for the purpose for which it was sold from day one - it just took 12 years to find that out.
The current fault erases everything on the drive. That can be equated fairly equally with mechanical failure. Let's imagine a different bug for instance, that allows anyone on the internet to read/write all the data on the drive. If one of these bugs emerged after 12 years, then there is a much stronger argument that the manufacturer should fix it, because it is a fundamental fault with the device.
Under the sale of goods act of 1979, the device must be suitable for the purpose for which it was sold, and there is no time limit on that, so any consumer with the device could demand that the person who sold it to them fix it. The device was unsuitable for the purpose for which it was sold from day one - it just took 12 years to find that out.