Anyone who has used computers in the last 20 years knows that they can fail at any moment. I still have memories as a kid of going to CompUSA with my dad, buying a hard drive, and having it fail as we were transferring data to it. I've had a handful of hard drives and computers fail over my life time.
No, we wouldn't be stupid enough to blame the hard drive for losing our data as it would be our stupidity if we trusted a new drive with the only copy of our data.
You aren't going to get any sympathy because you didn't back up your photos. Especially in this day and age when it costs $0 to do so.
I've had an iPhone die too and in 10 mins I walked out with a new phone after entering an Apple store. No other cell phone company offers that service.