Apple sued over exploding iPod touch

updated 05:45 pm EDT, Fri March 13, 2009

Apple Touch lawsuit


Apple has been targeted in yet another lawsuit, as a Cincinnati mother seeks damages from the company over an incident where an iPod touch allegedly exploded in her son's pocket, according to Ars Technica. The filings refer to the device as an "iTouch," which was reportedly left in the student's pocket during class. The iPod was turned off and unexpectedly popped, caused a burning sensation and igniting the child's pants.

"Plaintiff A.V. immediately ran to the bathroom and took off his burning pants with the assistance of a friend," the complaint read. "On said date and at said time, the Apple iTouch had burned through Plaintiff A.V.'s pants pocket and melted through his nylon/spandex underwear, burning his leg."

After taking the child to receive medical treatment, the doctor observed second-degree burns on his leg. The filing claims that the boy continues to suffer from "both physical and mental conditions which will cause him to suffer pain, mental distress, emotional distress, and otherwise for the rest of his life.

Interestingly enough, the lawyers are suing ten retail employees in addition to parent corporation, arguing that the family should have been warned of the risk of explosion and injury. The filing specifically accuses the parties of gross negligence and recklessness, and seeks compensatory damages of over $75,000, punitive damages of more than $75,0000 and attorneys fees.


by MacNN Staff


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Comments

  1. bobolicious

    Fresh-Faced Recruit

    Joined: Aug 2002

    +1

    Should the legals...

    ...be working so hard to eradicate the word 'accident' from the Queen's English and common law...?

  1. trevj

    Fresh-Faced Recruit

    Joined: Dec 1999

    +1

    More than one reason...

    why Apple didn't use "Put a Touch" in your pocket to market this thing! ;-)

  1. Jeronimo2000

    Fresh-Faced Recruit

    Joined: Aug 2001

    +8

    haha

    The kid probably got busted smoking dope. That's why his pants were on fire.

    Comment buried. Show
  1. macnixer

    Fresh-Faced Recruit

    Joined: Mar 2006

    -20

    flame me

    I think that that electronic devices can catch fire at times due to faults in them. If the parent of the kid are filing for damages it is good. For one I love Apple products but would hate to have it burn my child.

    Apple will be more careful in the future and have a QA better that what is now.

  1. Parky

    Mac Elite

    Joined: Oct 1999

    +1

    Short out

    I wonder what else was in the pocket?
    It is possible that some thing metal could have caused a short circuit on the dock connector.

  1. hansmickle

    Fresh-Faced Recruit

    Joined: Feb 2003

    +5

    Moisture Sensor...

    Was it red or green?

  1. Laurence

    Mac Enthusiast

    Joined: Mar 1999

    +16

    Emotional distress??

    Suing for damages and even pain and suffering are reasonable, however if getting a 2nd degree burn causes you mental and emotional distress for the rest of your life then you are a pathetic human being and really are deserving of nothing. Apple should pay his medical bills, give him a new iPod some new jeans and maybe $1000 for pain and suffering.

  1. Mark Tilley

    Fresh-Faced Recruit

    Joined: Sep 2003

    +1

    haha

    Liar! Liar!

  1. arj8138

    Fresh-Faced Recruit

    Joined: Mar 2009

    +3

    Srsly!?

    I gave a thumbs up to the motion sensor comment because this is an easy way to see if some water might have started this situation.

    Clearly this little dbag is a hipster with his nylon undies and his overprotective PTA mom got lawyer-happy when her little emo man got burned. I had a gameboy's batteries explode in my hands when i was younger, no harm no foul - we called Nintendo and they said to turn the ish off [no duh] take out the batteries, wipe up the corrosive s***, and let it sit for a bit - and that gameboy still works to this day.

    Buy a zune next time, I dont think your capable of using such great tech responsibly.

  1. jpellino

    Fresh-Faced Recruit

    Joined: Oct 1999

    +2

    Yikes.

    "both physical and mental conditions which will cause him to suffer pain, mental distress, emotional distress, and otherwise for the rest of his life."

    Cartman: Ah, dude! I'm starting to have flashbacks.
    Kyle: What?!?
    Cartman: Dense forest, Pull up flank. Look out for Charlie up in the trees.

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