Mark just bought a Dell Inspiron laptop and the hard drive failed almost immediately. Leo says to take it back. Dell will replace it. There's always a certain percentage of hard drives that will simply fail, some right away. As time goes on, they will fail at about 4% a year. So the test isn't whether the hard drive will work out of the box, it's whether Dell will replace it right away, and they will.
What about Mark's data? If it's dead, he can't access the data, and odds are, they'll just destroy it anyway.