Get legal advice, for what? Electronic devices fail, occasionally catastrophically. This is unavoidable except for not buying any in the first place. Looking for someone to blame is just stupid.
Hey, news report for you lawsuit-happy people: living is lethal! You WILL die of something, eventually!
If there's warranty left, get them to replace the unit for you. If it's out of warranty file the incident under "****** happens" and move on with your life. Oh, and if the crappy customer service representative's attitude bothered you, don't buy WD products again. Not that you have many alternatives to choose from anymore, there's Seagate, and...not much else, really.